Federal Register of Legislation - Australian Government

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Extension of Charitable Purpose Act 2004

Act No. 107 of 2004 as made
An Act relating to charities and charitable purpose, and for related purposes
Administered by: Treasury
Originating Bill: Extension of Charitable Purpose Bill 2004
Date of Assent 30 Jun 2004
Date of repeal 01 Jan 2014
Repealed by Charities (Consequential Amendments and Transitional Provisions) Act 2013

 

 

 

 

 

 

Extension of Charitable Purpose Act 2004

 

No. 107, 2004

 

 

 

 

 

An Act relating to charities and charitable purpose, and for related purposes

  

  

  


Contents

1............ Short title............................................................................................ 1

2............ Commencement.................................................................................. 2

3............ Definitions.......................................................................................... 2

4............ Provision of child care services is a charitable purpose...................... 2

5............ Self‑help groups and closed or contemplative religious orders are for the public benefit        2

 


 

 

Extension of Charitable Purpose Act 2004

No. 107, 2004

 

 

 

An Act relating to charities and charitable purpose, and for related purposes

[Assented to 30 June 2004]

The Parliament of Australia enacts:

1  Short title

                   This Act may be cited as the Extension of Charitable Purpose Act 2004.

2  Commencement

                   This Act commences, or is taken to have commenced, on 1 July 2004.

3  Definitions

                   In this Act, unless the contrary intention appears:

charity means a charitable institution, a charitable fund or any other kind of charitable body.

instrument means any instrument (including rules, regulations or by‑laws) made, granted or issued under an Act.

4  Provision of child care services is a charitable purpose

             (1)  Without limiting what constitutes a charitable purpose, charitable purpose includes the provision of child care services on a non‑profit basis.

             (2)  This section applies:

                     (a)  for the purposes of a provision of an Act or instrument; and

                     (b)  for the purpose of determining whether an institution or fund is, for the purposes of a provision of an Act or instrument, a charity.

             (3)  The fact that, because of this section, a purpose of an institution or fund is a charitable purpose does not affect the question whether that purpose is for the public benefit.

5  Self‑help groups and closed or contemplative religious orders are for the public benefit

             (1)  Without limiting what constitutes a public benefit, an institution has a purpose that is for the public benefit to the extent that the institution is:

                     (a)  an open and non‑discriminatory self‑help group (see subsection (2)); or

                     (b)  a closed or contemplative religious order that regularly undertakes prayerful intervention at the request of members of the public.

             (2)  An institution is an open and non‑discriminatory self‑help group if:

                     (a)  it is an association of individuals that has an open and non‑discriminatory membership; and

                     (b)  it is established for the purpose of assisting individuals affected by:

                              (i)  a particular disadvantage or discrimination; or

                             (ii)  a need, arising out of a particular disadvantage or discrimination, that is not being met; and

                     (c)  it is made up of, and controlled by, individuals who are affected by the disadvantage or discrimination; and

                     (d)  all of its criteria for membership relate to its purpose; and

                     (e)  its membership is open to any individual who satisfies the criteria.

             (3)  This section applies for the purpose of determining whether an institution is a charity, for the purposes of a provision of an Act or instrument.

             (4)  The fact that, because of this section, a purpose of an institution is for the public benefit does not affect the question whether that purpose is a charitable purpose.


 

 

[Minister’s second reading speech made in—

House of Representatives on 27 May 2004

Senate on 16 June 2004]

(81/04)