Charities Act 2013 (Cth)

Charities Act 2013

No. 100, 2013

An Act to define charity and charitable purpose, and for related purposes

Contents Part 1—Preliminary 1 Short title 2 Commencement 3 Definitions 4 Government entity Part 2—Definition of charity Division 1—Definition of charity 5 Definition of charity Division 2—Purposes for the public benefit 6 Purposes for the public benefit 7 Certain purposes presumed to be for the public benefit 8 Relief of necessitous circumstances 9 Purposes of entities that receive, hold or manage benefits that relate to native title etc. 10 When public benefit test does not apply Division 3—Disqualifying purpose 11 Disqualifying purpose Part 3—Definition of charitable purpose Division 1—Definition of charitable purpose 12 Definition of charitable purpose 13 Funds that contribute to charity‑like government entities Division 2—Types of charitable purpose 14 Purpose of advancing health 15 Purpose of advancing social or public welfare 16 Purpose of advancing culture 17 Purpose of advancing the security or safety of Australia or the Australian public Part 4—Miscellaneous 18 Cy pres and similar schemes

Charities Act 2013 No. 100, 2013

An Act to define charity and charitable purpose, and for related purposes

[Assented to 29 June 2013]

Preamble The Parliament of Australia recognises the unique nature and diversity of charities and the distinctive and important role that they play in Australia. Until now, the meaning of charity in Commonwealth law has largely been that of the common law, based on the preamble to the Statute of Charitable Uses 1601. Modern, comprehensive, statutory definitions of charity and charitable purpose, applying for the purposes of all Commonwealth law and ensuring continuity by utilising familiar concepts from the common law, will provide clarity and certainty as to the meaning of those concepts in contemporary Australia.