Charities (Consequential Amendments and Transitional Provisions) Act 2013 (Cth)
This is a compilation of the
This compilation was prepared on 15 July 2015.
The notes at the end of this compilation (the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on ComLaw ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on ComLaw for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on ComLaw for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
This Act may be cited as the
Charities (Consequential Amendments and Transitional Provisions) Act 2013 .
(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.
Sections 1 to 3 and anything in this Act not elsewhere covered by this table | The day this Act receives the Royal Assent. | 28 June 2013 |
Schedule 1, Parts 1 and 2 | At the same time as the | 1 January 2014 |
Schedule 1, Part 3 | The later of:
However, the provision(s) do not commence at all unless both of the events mentioned in paragraphs (a) and (b) occur. | Does not commence |
Schedule 1, Part 4 | Immediately after the time specified in the However, the provision(s) do not commence at all if that item commences before the time the | Does not commence |
Schedule 2 | At the same time as the | 1 January 2014 |
Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act.
(2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act.
Each Act that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.
Insert:
charitable has the meaning given by Part 2 of theCharities Act 2013 .
Insert:
charitable purpose has the meaning given by Part 3 of theCharities Act 2013 .
Insert:
charity has the meaning given by Part 2 of theCharities Act 2013 .
Repeal the section, substitute:
This Part does not:
(a) affect a provision (whether made before or after the commencement of this Part) of the governing rules (within the meaning of the
Australian Charities and Not‑for‑profits Commission Act 2012 ) of a registered charity, if the provision:
(i) confers benefits for charitable purposes; or
(ii) enables such benefits to be conferred;
wholly or in part on persons of a particular age; or
(b) make unlawful any act done to give effect to such a provision.
5 Section 195‑1 (paragraph (b) of the definition of ACNC‑registered religious institution ) Omit “item 3”, substitute “item 4”.
Omit “that is the relief of poverty, sickness or the needs of the aged”, substitute “of advancing social or public welfare”.
Repeal the subsections, substitute:
(5) The table is as follows:
1 | Charity | Entity with a purpose to which paragraph (a) of the definition of |
2 | Entity with a purpose to which paragraph (b) of the definition of | |
3 | Entity with a purpose to which paragraph (c) of the definition of | |
4 | Entity with a purpose to which paragraph (d) of the definition of | |
5 | Entity with a purpose to which paragraph (e) of the definition of | |
6 | Entity with a purpose to which paragraph (f) of the definition of | |
7 | Entity with a purpose to which paragraph (g) of the definition of | |
8 | Entity with a purpose to which paragraph (h) of the definition of | |
9 | Entity with a purpose to which paragraph (i) of the definition of | |
10 | Entity with a purpose to which paragraph (j) of the definition of | |
11 | Entity with a purpose to which paragraph (k) of the definition of | |
12 | Entity with a purpose to which paragraph (l) of the definition of | |
13 | Institution whose principal activity is to promote the prevention or the control of diseases in human beings | |
14 | Public benevolent institution | |
Note 1: For the definition of
charity , see theCharities Act 2013 .Note 2: An entity commonly known as a health promotion charity could be an entity described in column 2 of item 13 of the table (institution whose principal activity is to promote the prevention or the control of diseases in human beings).
Trusts
(6) Section 18 of the
Charities Act 2013 (Cy pres and similar schemes) applies:
(a) for the purposes of this Act; or
(b) for the purposes of determining whether an entity meets the description of a type or subtype of entity in the table in subsection (5) of this section;
in the same way as that section 18 applies for the purposes of that Act.
Omit “relieve poverty”, substitute “advance social or public welfare”.
Omit “item 3 of the table in subsection 25‑5(5) (Entity with a purpose that is the advancement of”, substitute “item 4 of the table in subsection 25‑5(5) (Entity with a purpose of advancing”.
Before “A person”, insert “(1)”.
11
At the end of section 268.46 of the Criminal Code Add:
(2) The definitions of
charitable purpose in subsection 12(1) of theCharities Act 2013 and section 2B of theActs Interpretation Act 1901 do not apply to this section.
Before “A person”, insert “(1)”.
13
At the end of section 268.80 of the Criminal Code Add:
(2) The definitions of
charitable purpose in subsection 12(1) of theCharities Act 2013 and section 2B of theActs Interpretation Act 1901 do not apply to this section.
Repeal the section, substitute:
This Part does not:
(a) affect a provision (whether made before or after the commencement of this Part) of the governing rules (within the meaning of the
Australian Charities and Not‑for‑profits Commission Act 2012 ) of a registered charity, if the provision:
(i) confers benefits for charitable purposes; or
(ii) enables such benefits to be conferred;
wholly or in part on persons who have a disability or a particular disability; or
(b) make unlawful any act done to give effect to such a provision.
Omit “item 3”, substitute “item 4”.
16
Subsection 136(1) (paragraph (b) of the definition of registered health promotion charity ) Omit “item 5”, substitute “item 13”.
17
Subsection 136(1) (paragraph (b) of the definition of registered public benevolent institution ) Omit “item 6”, substitute “item 14”.
18
Subsection 136(1) (paragraph (b) of the definition of registered religious institution ) Omit “item 3”, substitute “item 4”.
19 Subsection 121F(1) (paragraph (aa) of the definition of relevant exempting provision ) Omit “50‑20,”.
20 Subsection 121F(1) (paragraph (cb) of the definition of relevant exempting provision ) Omit “and” (last occurring).
21 Subsection 128F(9) (paragraph (a) of the definition of company ) Repeal the paragraph, substitute:
(a) the trust is not a charity; and
Omit “, 50‑10 or 50‑20”, substitute “or 50‑10”.
23 Section 11‑5 (table item headed “funds established by will or trust”) Repeal the item.
24 Subsection 30‑45(1) (table item 4.1.3, column headed “Fund, authority or institution”) Omit “relief of persons in Australia who are in necessitous circumstances”, substitute “purpose of relieving the necessitous circumstances of one or more individuals who are in Australia”.
25 Section 30‑315 (table item 79, column without a heading) Omit “persons in”.
Omit “50‑20,”.
Omit “charitable institutions, funds and trusts”, substitute “charities”.
Repeal the section.
Omit “
items 1.1 and 4.1 ”, substitute “item 1.1 ”.
Omit “or 4.1”.
Omit “charitable institutions and trust funds for charitable purposes”, substitute “charities”.
Omit “or item 4.1 of the table in section 50‑20”.
Repeal the paragraphs, substitute:
(a) the entity must meet the relevant conditions referred to in the column headed “Special conditions” of item 1.1 of the table in section 50‑5; or
(b) both of the following conditions must be met:
(i) the entity must not have carried on any activities as a charity;
(ii) there must be reasonable grounds for believing that the entity will meet the relevant conditions referred to in the column headed “Special conditions” of item 1.1 of the table.
Omit “
charitable or other institutions ”, substitute “charities ”.
Omit “or item 4.1 of the table in section 50‑20”.
36
Subsection 995‑1(1) (paragraph (b) of the definition of registered health promotion charity ) Omit “item 5”, substitute “item 13”.
37
Subsection 995‑1(1) (paragraph (b) of the definition of registered public benevolent institution ) Omit “item 6”, substitute “item 14”.
Repeal the subsections, substitute:
Charities
(2) This Part does not:
(a) affect a provision (whether made before or after the commencement of this Part) of the governing rules (within the meaning of the
Australian Charities and Not‑for‑profits Commission Act 2012 ) of a registered charity, if the provision:
(i) confers benefits for charitable purposes; or
(ii) enables such benefits to be conferred;
on persons of a particular race, colour or national or ethnic origin; or
(b) make unlawful any act done to give effect to such a provision.
Repeal the section, substitute:
Divisions 1 and 2 do not:
(a) affect a provision (whether made before or after the commencement of this Part) of the governing rules (within the meaning of the
Australian Charities and Not‑for‑profits Commission Act 2012 ) of a registered charity, if the provision:
(i) confers benefits for charitable purposes; or
(ii) enables such benefits to be conferred;
wholly or in part on persons of a class identified by reference to any one or more of the grounds of discrimination referred to in this Act; or
(b) make unlawful any act done to give effect to such a provision.
40 Subsection 23(1) (paragraph (b) of the definition of registered public benevolent institution ) Omit “item 6”, substitute “item 14”.
41 Subsection 23(1) (paragraph (b) of the definition of registered religious institution ) Omit “item 3”, substitute “item 4”.
Omit “item 3”, substitute “item 4”.
Repeal the Act.
Insert:
not‑for‑profit entity has the meaning given by theIncome Tax Assessment Act 1997 .
Repeal the items.
46
Schedule 1 (heading relating to the Extension of Charitable Purpose Act 2004 ) Repeal the heading.
Repeal the item.
In this Schedule:
ACNC Act means theAustralian Charities and Not‑for‑profits Commission Act 2012 .
approved form has the meaning given by the ACNC Act.
commencement day means the day on which this Schedule commences.
endorsed as a contributing fund means endorsed under Subdivision 50‑B of theIncome Tax Assessment Act 1997 as exempt from income tax because of being covered by item 4.1 of the table in section 50‑20 of that Act (Funds contributing to other funds).
2 Registration—old subtypes equivalent to new subtypes Registration (1) The Commissioner of the ACNC is treated as having registered an entity under Division 30 of the ACNC Act on the commencement day as the subtype of entity mentioned in column 2 of an item of the table in subitem (3) if, on the day before the commencement day, the entity is registered as the subtype of entity mentioned in column 1 of that item.
Applications for registration (2) An application for registration under Division 30 of the ACNC Act as the subtype of entity mentioned in column 1 of an item of the table in subitem (3) is treated, from the commencement day, as being an application for registration as the subtype of entity mentioned in column 2 of that item, if:
(a) the application was made before the commencement day; and
(b) on the day before the commencement day, the Commissioner of the ACNC had neither registered the applicant nor refused the application.
Table
(3) The table is as follows:
1 | item 2 (education) | item 2 (education) |
2 | item 3 (religion) | item 4 (religion) |
3 | item 5 (prevention or the control of diseases in human beings) | item 13 (prevention or the control of diseases in human beings) |
4 | item 6 (public benevolent institution) | item 14 (public benevolent institution) |
5 | item 7 (child care services) | item 3 (social or public welfare) |
3 Registration—old subtypes possibly equivalent to new subtypes Registration (1) The Commissioner of the ACNC is treated as having registered an entity under Division 30 of the ACNC Act on the commencement day as the subtype of entity mentioned in column 2 of an item of the table in subitem (3) if:
(a) on the day before the commencement day, the entity is registered as the subtype of entity mentioned in column 1 of that item; and
(b) the entity notifies the Commissioner that, on the commencement day, the entity meets the description of the subtype of entity mentioned in column 2 of that item.
Applications for registration (2) An application for registration under Division 30 of the ACNC Act as the subtype of entity mentioned in column 1 of an item of the table in subitem (3) is treated, from the commencement day, as being an application for registration as the subtype of entity mentioned in column 2 of that item, if:
(a) the application was made before the commencement day; and
(b) on the day before the commencement day, the Commissioner of the ACNC had neither registered the applicant nor refused the application; and
(c) the applicant requests the Commissioner to treat the application as being an application for registration as the subtype of entity mentioned in column 2 of that item.
Table
(3) The table is as follows:
1 | item 1 (relief of poverty, sickness or the needs of the aged) | item 1 (health) |
2 | item 1 (relief of poverty, sickness or the needs of the aged) | item 3 (social or public welfare) |
3 | item 4 (another purpose that is beneficial to the community) | item 1 (health) |
4 | item 4 (another purpose that is beneficial to the community) | item 3 (social or public welfare) |
5 | item 4 (another purpose that is beneficial to the community) | item 5 (culture) |
6 | item 4 (another purpose that is beneficial to the community) | item 6 (reconciliation, mutual respect and tolerance between groups of individuals that are in Australia) |
7 | item 4 (another purpose that is beneficial to the community) | item 7 (human rights) |
8 | item 4 (another purpose that is beneficial to the community) | item 8 (advancing the security or safety of Australia or the Australian public) |
9 | item 4 (another purpose that is beneficial to the community) | item 9 (preventing or relieving the suffering of animals) |
10 | item 4 (another purpose that is beneficial to the community) | item 10 (natural environment) |
11 | item 4 (another purpose that is beneficial to the community) | item 11 (purposes beneficial to the general public and analogous to the other charitable purposes) |
12 | item 4 (another purpose that is beneficial to the community) | item 12 (advancing public debate) |
Notices and requests (4) A notice given under paragraph (1)(b), or a request made under paragraph (2)(c), must be:
(a) in the approved form; and
(b) given to the Commissioner during the period of 18 months starting on the commencement day.
Note: Subdivision 175‑B of the ACNC Act imposes an administrative penalty if the notice or request contains a statement that is false or misleading in a material particular.
(1) This item applies to a fund that, on the day before the commencement day, is endorsed as a contributing fund.
(2) The Commissioner of Taxation is treated as having endorsed the fund under Subdivision 50‑B of the
Income Tax Assessment Act 1997 on the commencement day as exempt from income tax because the fund is covered by item 1.1 of the table in section 50‑5 of that Act (registered charity).(3) The Commissioner of the ACNC is treated as having registered the fund on the commencement day under Division 30 of the ACNC Act as the type of entity mentioned in column 1 of item 1 of the table in subsection 25‑5(5) of that Act (charity).
(4) The purpose the fund has, on the day before the commencement day, is treated as being a charitable purpose during the period:
(a) starting on the commencement day; and
(b) ending on the day (if any) the fund ceases to be entitled to be endorsed as a contributing fund (disregarding the amendments made by Schedule 1 to this Act).
If, during the period of 12 months starting on the commencement day, a fund notifies the Commissioner of the ACNC, in the approved form, that the fund does not want item 4 to apply to the fund:
(a) item 4 does not apply, and is taken never to have applied, to the fund; and
(b) the Commissioner of Taxation is treated as having revoked, on the day before the commencement day, the entity’s endorsement mentioned in paragraph 426‑5(h) in Schedule 1 to the
Taxation Administration Act 1953 .
6 Purpose of relief of poverty treated as being for public benefit For the purposes of the
Charities Act 2013 , a purpose that a trust has on the day before the commencement day is treated, from the commencement day, as being for the public benefit, if:(a) the purpose is the relief of poverty; and
(b) on the day before the commencement day, the trust is registered under the ACNC Act as the subtype of entity mentioned in column 2 of item 1 of the table in subsection 25‑5(5) of that Act, as in force on the day before the commencement day.
For the purposes of paragraph (k) of the definition of
charitable purpose in subsection 12(1) of theCharities Act 2013 , a purpose:
(a) that, on the day before the commencement day, was a charitable purpose; and
(b) to which paragraphs (a) to (j) and (l) of that definition do not apply;
is treated as being a purpose beneficial to the general public that may reasonably be regarded as analogous to, or within the spirit of, any of the purposes mentioned in paragraphs (a) to (j) of that definition.
The endnotes provide information about this compilation and the compiled law.
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Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Endnotes about misdescribed amendments and other matters are included in a compilation only as necessary.
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Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
A = Act | o = order(s) |
ad = added or inserted | Ord = Ordinance |
am = amended | orig = original |
amdt = amendment | par = paragraph(s)/subparagraph(s) |
c = clause(s) | /sub‑subparagraph(s) |
C[x] = Compilation No. x | pres = present |
Ch = Chapter(s) | prev = previous |
def = definition(s) | (prev…) = previously |
Dict = Dictionary | Pt = Part(s) |
disallowed = disallowed by Parliament | r = regulation(s)/rule(s) |
Div = Division(s) | Reg = Regulation/Regulations |
exp = expires/expired or ceases/ceased to have | reloc = relocated |
effect | renum = renumbered |
F = Federal Register of Legislative Instruments | rep = repealed |
gaz = gazette | rs = repealed and substituted |
LI = Legislative Instrument | s = section(s)/subsection(s) |
LIA = | Sch = Schedule(s) |
(md) = misdescribed amendment can be given | Sdiv = Subdivision(s) |
effect | SLI = Select Legislative Instrument |
(md not incorp) = misdescribed amendment | SR = Statutory Rules |
cannot be given effect | Sub‑Ch = Sub‑Chapter(s) |
mod = modified/modification | SubPt = Subpart(s) |
No. = Number(s) | |
commenced or to be commenced |
Charities (Consequential Amendments and Transitional Provisions) Act 2013 | 96, 2013 | 28 June 2013 | Sch 1, items 1–43 and Sch 2: 1 Jan 2014 (s 2(1) items 2, 5) Sch 1, items 44–47: never commenced (s 2(1) items 3, 4) Remainder: 28 June 2013 (s 2(1) item 1) | Sch 2 |
Tax and Superannuation Laws Amendment (2015 Measures No. 1) Act 2015 | 70, 2015 | 25 June 2015 | Sch 6 (item 3): 1 Jan 2014 (s 2(1) item 10) | — |
item 31............................... | am No 70, 2015 |
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