Charitable Trusts Regulation 2022 (NSW)

1Name of Regulation

This Regulation is the Charitable Trusts Regulation 2022.

2Commencement

This Regulation commences on the day on which it is published on the NSW legislation website.

Note—

This Regulation repeals and replaces the Charitable Trusts Regulation 2017, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3Definitions

In this Regulation—

the Act means the Charitable Trusts Act 1993.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

4Prescribed trusts

For the Act, section 22A, definition of prescribed trust, paragraph (b), trusts that are exempt from income tax under the Income Tax Assessment Act 1997 of the Commonwealth, section 50-5, item 1.1 are a prescribed class of trusts.

Note—

An entity can only be endorsed as exempt from income tax under the Income Tax Assessment Act 1997 of the Commonwealth, Subdivision 50-B if the entity is a registered charity under the Australian Charities and Not-for-profits Commission Act 2012 of the Commonwealth and meets certain other requirements under the Income Tax Assessment Act 1997 of the Commonwealth.

5Repeal and savings(1)

The Charitable Trust Regulation 2017 is repealed.

(2)

An act, matter or thing that, immediately before the repeal of the Charitable Trust Regulation 2017, had effect under that Regulation continues to have effect under this Regulation.

Historical notesTable of amending instruments

Charitable Trusts Regulation 2022 (446). LW 12.8.2022. Date of commencement, on publication on LW, sec 2.