{"id":"C2013A00100","name":"Charities Act 2013","slug":"charities-act-2013","collection":"act","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":"100 of 2013","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":8449,"registerId":"commonwealth-C2013A00100-current","compilationNumber":null,"startDate":"2026-03-30","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Charities Act 2013","content":"---\nmeta-content-style-type: text/css\nmeta-content-type: application/xhtml+xml; charset=utf-8\n---\n\n?xml version=\"1.0\" encoding=\"utf-8\" standalone=\"no\"?>\n\n![](image.001.png)\n\n \n\n \n\n \n\n \n\n \n\n \n\nCharities Act 2013\n\n \n\nNo. 100, 2013\n\n \n\n \n\n \n\n \n\n \n\nAn Act to define charity and charitable purpose, and for related purposes\n\n \n\n \n\n \n\nContents\n\nPart 1—Preliminary\n\n1 Short title\n\n2 Commencement\n\n3 Definitions\n\n4 Government entity\n\nPart 2—Definition of charity\n\nDivision 1—Definition of charity\n\n5 Definition of charity\n\nDivision 2—Purposes for the public benefit\n\n6 Purposes for the public benefit\n\n7 Certain purposes presumed to be for the public benefit\n\n8 Relief of necessitous circumstances\n\n9 Purposes of entities that receive, hold or manage benefits that relate to native title etc.\n\n10 When public benefit test does not apply\n\nDivision 3—Disqualifying purpose\n\n11 Disqualifying purpose\n\nPart 3—Definition of charitable purpose\n\nDivision 1—Definition of charitable purpose\n\n12 Definition of charitable purpose\n\n13 Funds that contribute to charity‑like government entities\n\nDivision 2—Types of charitable purpose\n\n14 Purpose of advancing health\n\n15 Purpose of advancing social or public welfare\n\n16 Purpose of advancing culture\n\n17 Purpose of advancing the security or safety of Australia or the Australian public\n\nPart 4—Miscellaneous\n\n18 Cy pres and similar schemes\n\n \n\n![](image.001.png)\n\n \n\n \n\nCharities Act 2013\n\nNo. 100, 2013\n\n \n\n \n\n \n\nAn Act to define charity and charitable purpose, and for related purposes\n\n[Assented to 29 June 2013]\n\n \n\nPreamble\n\n  The Parliament of Australia recognises the unique nature and diversity of charities and the distinctive and important role that they play in Australia.\n\n  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.\n\n  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.\n\nThe Parliament of Australia enacts:\n\nPart 1—Preliminary\n\n \n\n1  Short title\n\n  This Act may be cited as the Charities Act 2013.\n\n2  Commencement\n\n  This Act commences on 1 January 2014.\n\n3  Definitions\n\n (1) In this Act:\n\nadvancing includes protecting, maintaining, supporting, researching and improving.\n\ndisqualifying purpose has the meaning given by section 11.\n\nentity has the meaning given by the Australian Charities and Not‑for‑profits Commission Act 2012.\n\ngovernment entity has the meaning given by section 4.\n\nhuman rights has the meaning given by the Human Rights (Parliamentary Scrutiny) Act 2011.\n\nIndigenous individual means an individual who is:\n\n (a) a member of the Aboriginal race of Australia; or\n\n (b) a descendant of an Indigenous inhabitant of the Torres Strait Islands.\n\npublic benefit, in relation to a purpose, has the meaning given by section 6.\n\npurpose of advancing culture has a meaning affected by section 16.\n\npurpose of advancing health has a meaning affected by section 14.\n\npurpose of advancing social or public welfare has a meaning affected by section 15.\n\npurpose of advancing the security or safety of Australia or the Australian public has a meaning affected by section 17.\n\n (2) To avoid doubt, the definitions of terms in this section do not apply in any Act other than this Act.\n\n4  Government entity\n\n (1) In this Act:\n\ngovernment entity means:\n\n (a) a government entity (within the meaning of the A New Tax System (Australian Business Number) Act 1999); or\n\n (b) an entity:\n\n (i) established under a law by a State or a Territory; and\n\n (ii) of a kind prescribed under subsection (2); or\n\n (c) a foreign government agency (within the meaning of the Income Tax Assessment Act 1997).\n\n (2) For the purposes of paragraph (b) of the definition of government entity in subsection (1), the Minister may, by legislative instrument, prescribe a kind of entity.\n\nExample: The Minister may prescribe the State and Territory equivalents of the government entities covered by paragraph (c) of the definition of government entity in section 41 of the A New Tax System (Australian Business Number) Act 1999 (Executive and Statutory Agencies).\n\nPart 2—Definition of charity\n\nDivision 1—Definition of charity\n\n5  Definition of charity\n\n  In any Act:\n\ncharitable: an entity is charitable if the entity is a charity.\n\nExample: A reference in an Act to a charitable trust is a reference to a trust that is a charity.\n\ncharity means an entity:\n\n (a) that is a not‑for‑profit entity; and\n\n (b) all of the purposes of which are:\n\n (i) charitable purposes (see Part 3) that are for the public benefit (see Division 2 of this Part); or\n\n (ii) purposes that are incidental or ancillary to, and in furtherance or in aid of, purposes of the entity covered by subparagraph (i); and\n\nNote 1: In determining the purposes of the entity, have regard to the entity’s governing rules, its activities and any other relevant matter.\n\nNote 2: The requirement in subparagraph (b)(i) that a purpose be for the public benefit does not apply to certain entities (see section 10).\n\n (c) none of the purposes of which are disqualifying purposes (see Division 3); and\n\n (d) that is not an individual, a political party or a government entity.\n\nDivision 2—Purposes for the public benefit\n\n6  Purposes for the public benefit\n\n (1) A purpose that an entity has is for the public benefit if:\n\n (a) the achievement of the purpose would be of public benefit; and\n\n (b) the purpose is directed to a benefit that is available to the members of:\n\n (i) the general public; or\n\n (ii) a sufficient section of the general public.\n\nAchievement of purpose would be of public benefit\n\n (2) For the purposes of paragraph (1)(a), have regard to all relevant matters, including:\n\n (a) benefits (whether tangible or intangible) (other than benefits that are not identifiable); and\n\n (b) any possible, identifiable detriment from the achievement of the purpose to the members of:\n\n (i) the general public; or\n\n (ii) a section of the general public.\n\nBenefit is widely available\n\n (3) For the purposes of paragraph (1)(b), have regard to all relevant matters, including:\n\n (a) any possible, identifiable benefit from the purpose that is available to any of the following entities that are not charities, but is not available to the members of the general public, or a sufficient section of the general public:\n\n (i) the founders, owners, members, trustees, employees, officers or agents of, or donors to, the entity mentioned in subsection (1);\n\n (ii) the associates (within the meaning of section 318 of the Income Tax Assessment Act 1936) of the entities mentioned in subparagraph (i) of this paragraph; and\n\n (b) the relationships between the entities to whose benefit the purpose is directed.\n\n (4) For the purposes of subparagraph (1)(b)(ii), in determining whether the section of the general public to whose benefit the purpose is directed is a sufficient section, have regard to all relevant matters, including comparing:\n\n (a) the numerical size of that section of the general public; and\n\n (b) the numerical size of the section of the general public to whom the purpose is relevant.\n\n7  Certain purposes presumed to be for the public benefit\n\n  In the absence of evidence to the contrary, a purpose that an entity has is presumed to satisfy the requirements of paragraphs 6(1)(a) and (b) (purposes for the public benefit), if the purpose is any of the following purposes:\n\n (a) the purpose of preventing and relieving sickness, disease or human suffering;\n\n (b) the purpose of advancing education;\n\n (c) the purpose of relieving the poverty, distress or disadvantage of individuals or families;\n\n (d) the purpose of caring for and supporting:\n\n (i) the aged; or\n\n (ii) individuals with disabilities;\n\n (e) the purpose of advancing religion.\n\nNote 1: The purposes mentioned in the definition of charitable purpose in subsection 12(1) include the purposes mentioned in paragraphs (a) to (e) of this section. For example, the purpose of advancing social or public welfare (mentioned in paragraph (c) of the definition) includes the purpose of relieving the poverty, distress or disadvantage of individuals or families (see subsection 15(1)).\n\nNote 2: If there is evidence to the contrary, the purpose is for the public benefit only if it meets the requirements of paragraphs 6(1)(a) and (b) or section 9 (entities that receive, hold or manage benefits that relate to native title etc.). See also section 8.\n\n8  Relief of necessitous circumstances\n\n  Disregard the requirement in paragraph 6(1)(b) that a purpose be directed to a benefit that is available to the members of the general public, or of a sufficient section of the general public, if the purpose is the purpose of relieving the necessitous circumstances of one or more individuals who are in Australia.\n\n9  Purposes of entities that receive, hold or manage benefits that relate to native title etc.\n\n (1) This section applies to a purpose that an entity has if:\n\n (a) the purpose is directed to the benefit of Indigenous individuals only; and\n\n (b) the purpose is not for the public benefit under this Division (disregarding this section) only because of the relationships between the Indigenous individuals to whose benefit the purpose is directed.\n\n (2) The purpose is treated as being for the public benefit if the entity receives, holds or manages an amount, or non‑cash benefit (within the meaning of the Income Tax Assessment Act 1997), that relates to:\n\n (a) native title (within the meaning of the Native Title Act 1993); or\n\n (b) traditional Indigenous rights of ownership, occupation, use or enjoyment of land.\n\n10  When public benefit test does not apply\n\nOpen and non‑discriminatory self‑help groups\n\n (1) Disregard the requirement in subparagraph (b)(i) of the definition of charity in section 5 that a purpose of an entity be for the public benefit, if:\n\n (a) the entity is an association of individuals that has an open and non‑discriminatory membership; and\n\n (b) the entity is established for the purpose of assisting individuals affected by a particular disadvantage or discrimination, or by a need that is not being met; and\n\n (c) the entity is made up of, and controlled by, individuals who are affected by the disadvantage, discrimination or need; and\n\n (d) all of the entity’s criteria for membership relate to its purpose; and\n\n (e) the entity’s membership is open to any individual who satisfies the criteria.\n\nClosed or contemplative religious orders\n\n (2) Disregard the requirement in subparagraph (b)(i) of the definition of charity in section 5 that a purpose of an entity be for the public benefit, if the entity is a closed or contemplative religious order that regularly undertakes prayerful intervention at the request of members of the general public.\n\nDivision 3—Disqualifying purpose\n\n11  Disqualifying purpose\n\n  In this Act:\n\ndisqualifying purpose means:\n\n (a) the purpose of engaging in, or promoting, activities that are unlawful or contrary to public policy; or\n\nExample: Public policy includes the rule of law, the constitutional system of government of the Commonwealth, the safety of the general public and national security.\n\nNote: Activities are not contrary to public policy merely because they are contrary to government policy.\n\n (b) the purpose of promoting or opposing a political party or a candidate for political office.\n\nExample: Paragraph (b) does not apply to the purpose of distributing information, or advancing debate, about the policies of political parties or candidates for political office (such as by assessing, critiquing, comparing or ranking those policies).\n\nNote: The purpose of promoting or opposing a change to any matter established by law, policy or practice in the Commonwealth, a State, a Territory or another country may be a charitable purpose (see paragraph (l) of the definition of charitable purpose in subsection 12(1)).\n\nPart 3—Definition of charitable purpose\n\nDivision 1—Definition of charitable purpose\n\n12  Definition of charitable purpose\n\n (1) In any Act:\n\ncharitable purpose means any of the following:\n\n (a) the purpose of advancing health;\n\n (b) the purpose of advancing education;\n\n (c) the purpose of advancing social or public welfare;\n\n (d) the purpose of advancing religion;\n\n (e) the purpose of advancing culture;\n\n (f) the purpose of promoting reconciliation, mutual respect and tolerance between groups of individuals that are in Australia;\n\n (g) the purpose of promoting or protecting human rights;\n\n (h) the purpose of advancing the security or safety of Australia or the Australian public;\n\n (i) the purpose of preventing or relieving the suffering of animals;\n\n (j) the purpose of advancing the natural environment;\n\n (k) any other 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);\n\nNote: In the case of a purpose that was a charitable purpose before the commencement of this Act and to which the other paragraphs of this definition do not apply, see item 7 of Schedule 2 to the Charities (Consequential Amendments and Transitional Provisions) Act 2013.\n\n (l) the purpose of promoting or opposing a change to any matter established by law, policy or practice in the Commonwealth, a State, a Territory or another country, if:\n\n (i) in the case of promoting a change—the change is in furtherance or in aid of one or more of the purposes mentioned in paragraphs (a) to (k); or\n\n (ii) in the case of opposing a change—the change is in opposition to, or in hindrance of, one or more of the purposes mentioned in those paragraphs.\n\n (2) Paragraph (l) of the definition of charitable purpose in subsection (1) is the only paragraph of that definition that can apply to the purpose of promoting or opposing a change to any matter established by law, policy or practice in the Commonwealth, a State, a Territory or another country.\n\n (3) For the purposes of this section, it does not matter whether a purpose is directed to something in Australia or overseas.\n\n13  Funds that contribute to charity‑like government entities\n\n (1) This section applies to a purpose that a fund (the contributing fund) has, if:\n\n (a) the purpose includes the purpose of providing money, property or benefits:\n\n (i) to a government entity; or\n\n (ii) for the establishment of a government entity; and\n\n (b) the government entity would be a charity were it not a government entity.\n\n (2) For the purpose of determining whether the purpose that the contributing fund has is a charitable purpose, treat the government entity as not being a government entity.\n\nDivision 2—Types of charitable purpose\n\n14  Purpose of advancing health\n\n  Without limiting what constitutes the purpose of advancing health, the purpose of advancing health includes the purpose of preventing and relieving sickness, disease or human suffering.\n\n15  Purpose of advancing social or public welfare\n\n (1) Without limiting what constitutes the purpose of advancing social or public welfare, the purpose of advancing social or public welfare includes the purpose of relieving the poverty, distress or disadvantage of individuals or families.\n\n (2) Without limiting what constitutes the purpose of advancing social or public welfare, the purpose of advancing social or public welfare includes the purpose of caring for and supporting:\n\n (a) the aged; or\n\n (b) individuals with disabilities.\n\n (3) Without limiting what constitutes the purpose of advancing social or public welfare, the purpose of advancing social or public welfare includes the purpose of caring for, supporting and protecting children and young individuals (and, in particular, providing child care services).\n\n (4) Without limiting what constitutes the purpose of advancing social or public welfare, the purpose of advancing social or public welfare includes the purpose of assisting the rebuilding, repairing or securing of assets after a disaster if:\n\n (a) the disaster developed rapidly and:\n\n (i) resulted in the death, serious injury or other physical suffering of a large number of individuals; or\n\n (ii) caused distress to a large number of individuals and resulted in widespread damage to property or the natural environment; and\n\n (b) the rebuilding, repairing or securing is in furtherance or in aid of the purposes of one or more exempt entities (within the meaning of the Income Tax Assessment Act 1997); and\n\n (c) the purpose of assisting is directed to providing benefits that are commercial or private only to an incidental and ancillary extent, if at all; and\n\n (d) the assets are assets of entities that:\n\n (i) are not government entities; or\n\n (ii) would be charities were they not government entities.\n\n16  Purpose of advancing culture\n\n (1) Without limiting what constitutes the purpose of advancing culture, the purpose of advancing culture includes the purpose of promoting or fostering culture.\n\n (2) Without limiting what constitutes the purpose of advancing culture, the purpose of advancing culture includes the purpose of caring for, preserving and protecting Australian heritage.\n\n17  Purpose of advancing the security or safety of Australia or the Australian public\n\n  Without limiting what constitutes the purpose of advancing the security or safety of Australia or the Australian public, the purpose of advancing the security or safety of Australia or the Australian public includes the purpose of promoting the efficiency of the Australian Defence Force.\n\nPart 4—Miscellaneous\n\n \n\n18  Cy pres and similar schemes\n\n  In determining the purposes of a trust, have regard to:\n\n (a) any scheme for the application of property cy pres that relates to the trust; or\n\n (b) any similar scheme that relates to the trust;\n\nwhether under equity or any other law of a State or Territory that relates to charitable trusts.\n\nNote: Trust law may, in certain circumstances, allow the purposes of a trust to be altered to remove purposes that are not charitable purposes.\n\n \n\n \n\n \n\n[Minister’s second reading speech made in—\n\nHouse of Representatives on 29 May 2013\n\nSenate on 19 June 2013]\n\n \n\n(152/13)\n\n \n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The Act replaces reliance on the traditional common‑law test with a statutory framework that defines \"charity\" and \"charitable purpose\" for all Commonwealth law (Preamble; s5; s12). It introduces a defined public‑benefit test and specific presumptions and exceptions (s6–s10), lists recognised charitable purposes (s12), excludes certain actors (s5(d)), and creates mechanisms for funds to contribute to government‑like bodies to be treated as charitable (s13). The Act therefore changes scope from a purely common‑law approach to a statutory regime with explicit categories, tests and delegated powers (Preamble; s4(2); s5; s6; s12; s13)."},"complexity_factors":["Multiple cross‑references between parts and to other Acts (e.g. ACNC Act reference in s3; ministerial prescription in s4(2))","Fact‑intensive public‑benefit test requiring evidence of beneficiaries, benefits and detriments (s6)","Layered rules: presumptions (s7), specific carve‑outs (s8–s10), and disqualifying purposes (s11) that must be applied together","A lengthy list of charitable purposes including an analogies catch‑all that requires interpretation (s12(1)(k))","Delegated administrative discretion (ministerial instrument power in s4(2)) and dependence on external administrative definitions","Interaction with State/Territory trust law and cy pres schemes (s18) introducing non‑uniform legal inputs"],"plain_english_summary":"What this Act does (mechanically)\n\n- The Charities Act 2013 creates a statutory, uniform definition of \"charity\" and \"charitable purpose\" for the purposes of Commonwealth law (Preamble; s5; s12). It replaces reliance on the common law meaning by listing categories of charitable purpose and setting out tests that an entity must meet to be treated as a charity under any Commonwealth statute (s5; s12).\n\nWho it affects\n\n- Not‑for‑profit organisations, funds, trusts and other non‑government entities that seek to be recognised as charities under Commonwealth law (s5).  \n- Government entities are excluded from being charities, but the Act allows particular funds that give to government‑like bodies to be treated as charitable in some circumstances (s5(d); s13).  \n- Individuals, political parties and government entities are explicitly excluded from charity status (s5(d)).\n\nWhy it matters (claimed purpose and the mechanics that produce legal effect)\n\n- The Act claims to provide clarity and certainty about what counts as a charity by setting out (a) a requirement that a charity be not‑for‑profit and have only charitable purposes (s5(a)–(b)); (b) a public benefit test that asks whether a purpose would be of public benefit and is directed to the general public or a sufficient section of it (s6); (c) a list of recognised charitable purposes (s12); and (d) disqualifying purposes (s11).  \n- By putting these rules in primary legislation and stating that they apply \"in any Act\", the Act changes how Commonwealth laws and agencies must treat organisations claiming charitable status (s5 heading; s12(3)).\n\nHow it works in practice — key mechanisms, incentives and decision points (with sections cited)\n\n- Charity status requires an entity to be not‑for‑profit and to have only charitable purposes, or purposes incidental to charitable purposes (s5(a)–(b)). Determinations of an entity’s purposes must \"have regard to the entity’s governing rules, its activities and any other relevant matter\" (s5 Note 1). That creates an evidentiary task for organisations to show their rules and activities align with charitable purposes.\n\n- Public benefit test: A purpose is for the public benefit if (i) achieving it would be of public benefit and (ii) it is directed to benefits available to the general public or a sufficient section of the general public (s6(1)). Decision‑makers must consider benefits and any identifiable detriments (s6(2)), and whether benefits are available broadly rather than to insiders (s6(3)). This is a largely fact‑sensitive assessment that requires evidentiary consideration of beneficiaries and relationships (s6(2)–(4)).\n\n- Presumptions and specific rules: Certain traditional purposes (preventing sickness, advancing education, relieving poverty, caring for the aged/disabled, advancing religion) are presumed to be for the public benefit unless evidence shows otherwise (s7). Relief of necessitous circumstances for one or more individuals in Australia is exempt from the public availability requirement (s8). Special treatment applies where a purpose benefits only Indigenous individuals and the entity manages native title or related benefits (s9).\n\n- Exceptions where public‑benefit test does not apply: Open, non‑discriminatory self‑help associations controlled by affected individuals and closed/contemplative religious orders that pray on public request are not required to satisfy the public availability limb (s10(1)–(2)).\n\n- Disqualifying purposes: The Act excludes entities whose purpose is to engage in unlawful or public‑policy‑contrary activities, and entities whose purpose is to promote or oppose a political party or candidate (s11). The Act clarifies that distributing information or advancing debate about party or candidate policies is not captured by the political exclusion example (s11(b) example). Separately, promoting or opposing legal or policy change can be charitable only if tied to other listed charitable purposes (s12(1)(l); s12(2)). These provisions create boundaries for what forms of advocacy are compatible with charity status.\n\n- Charitable purposes listed: The Act gives an explicit non‑exhaustive list of charitable purposes (health, education, social welfare, religion, culture, reconciliation, human rights, national security/safety, animal relief, environment, and analogues) (s12(1)(a)–(k)). This reduces uncertainty about which broad activity types qualify, but also requires interpretation for new or hybrid activities (s12(1)(k)).\n\n- Funds to government‑style bodies: A contributing fund that provides money or benefits to a government entity that would be charitable but for its government status may be treated as having a charitable purpose by treating the recipient as if it were not a government entity (s13). That mechanism permits some fundraising to support government‑provided charity‑like services to qualify as charitable.\n\n- Trust law interaction: When determining trust purposes, courts or decision‑makers are to have regard to cy pres schemes and similar arrangements under State or Territory trust law (s18). This ties Commonwealth charity assessments to existing trust modification mechanisms.\n\nCosts, incentives, trade‑offs and compliance burdens (source‑grounded)\n\n- Compliance and evidentiary burden: Organisations seeking charity recognition must demonstrate they are not‑for‑profit and that their governing rules and activities align with the statutory charitable purposes and the public benefit test; evidence will be needed on beneficiaries, governing documents and activities (s5 Note 1; s6). That creates ongoing compliance costs for entities that seek or maintain charity status.\n\n- Administrative discretion and rule‑making: The Minister may prescribe kinds of State/Territory government entities for the definition of \"government entity\" (s4(2)), which is a delegated power that can affect which bodies are excluded from charity status. The Act ties the definition of \"entity\" to the Australian Charities and Not‑for‑profits Commission Act 2012 for the meaning of \"entity\" (s3), so administrative definitions in other legislation will influence who is captured.\n\n- Behavioural incentives for organisations: Because purpose and public benefit are assessed with reference to governing rules and activities (s5 Note 1; s6), organisations have an incentive to structure their rules, membership criteria and activities to satisfy the tests (for example, by broadening benefit reach or changing governance to demonstrate public‑benefit character).\n\n- Limits on certain advocacy and political activity: The disqualifying purpose rule (s11) and the conditional allowance for promoting or opposing change (s12(1)(l)) create incentives for charities to frame advocacy within listed charitable purposes rather than as partisan campaigning. The Act allows non‑partisan policy debate to continue (s11 example).\n\n- Concentration of statutory benefit and diffuse administrative cost: The direct statutory advantage—being able to claim charitable status under Commonwealth law—accrues to entities that meet the tests (s5). The Act places on organisations the cost of proving eligibility (s5 Note 1; s6), and creates decision points for officials applying the public‑benefit test.\n\nImplementation risks and interpretation points\n\n- The public‑benefit assessment requires case‑by‑case factual examination (s6) and may produce contested outcomes where benefits are targeted to limited groups, related parties, or where detriments exist.  \n- The list of charitable purposes (s12) is intentionally broad and includes an \"analogous\" catch‑all (s12(1)(k)), which will require interpretive work to apply to novel activities.  \n- The interaction with other Commonwealth and State/Territory laws (references to the ACNC Act in the definition of \"entity\" (s3), and to trust law in s18) means that administrative definitions and State trust doctrines will affect outcomes.\n\nWhat the Act explicitly changes compared with the prior common‑law approach (claim in the text)\n\n- The Preamble states the Act replaces the historic common law reliance (Statute of Charitable Uses 1601) with a comprehensive modern statutory definition to provide clarity and certainty (Preamble). The mechanics described above (statutory tests, lists, presumptions, exceptions and delegated powers) are the concrete ways the Act implements that change (s5; s6; s7; s10; s12; s4(2))."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of defining 'charity' and 'charitable purpose' for Commonwealth law. The scope has not expanded beyond this core definitional function. While the definitions are comprehensive and modernised compared to the 1601 Statute of Charitable Uses they replaced, the Act does not create regulatory schemes, enforcement mechanisms, or administrative processes beyond the definitional framework. The 18 sections cover precisely what was intended: definitions, public benefit tests, disqualifying purposes, and specific charitable purpose categories."},"complexity_factors":["18 defined terms in the interpretation section (section 3), with some terms defined by reference to other Acts (Australian Charities and Not-for-profits Commission Act 2012, Human Rights (Parliamentary Scrutiny) Act 2011, Income Tax Assessment Act 1936/1997)","Nested conditional logic in the public benefit test (section 6) with multiple sub-paragraphs requiring assessment of benefits vs detriments, numerical comparisons, and relationship analysis","Multiple exceptions to the public benefit requirement (sections 8, 9, 10) creating a layered structure of when the general rule does and does not apply","Cross-referencing structure where Part 2 (definition of charity) depends on Part 3 (definition of charitable purpose), and both interact with Division 2 of Part 2 (public benefit)","Section 12(1)(k) 'analogous purposes' provision and section 12(1)(l) advocacy provision both require backward-looking assessment against other listed purposes","Section 13 creates a fictional counterfactual (treat government entity as not being a government entity) for specific fund purposes","Note provisions and examples throughout that modify or clarify operative provisions without being part of the binding text"],"plain_english_summary":"This law sets out what counts as a 'charity' and 'charitable purpose' for all Commonwealth (federal) Australian law. Before this Act, the definition relied on centuries-old English case law from 1601. This legislation modernises and clarifies the rules.\n\n**Who it affects:**\n- **Charities and not-for-profits** seeking tax concessions or registration with the Australian Charities and Not-for-profits Commission (ACNC)\n- **Donors** wanting tax deductions for charitable giving\n- **Government agencies** assessing eligibility for benefits or exemptions\n\n**What it does:**\n\n**1. Defines 'charity' (Section 5)**\nAn entity is a charity if it:\n- Is **not-for-profit**\n- Has **only charitable purposes** that benefit the public (or purposes that help those main purposes)\n- Has **no disqualifying purposes** (like promoting illegal activities or political parties)\n- Is **not** an individual, political party, or government body\n\n**2. Explains 'public benefit' (Sections 6-10)**\nCharities must generally benefit the public or a large enough section of it. However, there are exceptions:\n- **Presumed benefit**: Health, education, poverty relief, aged care, disability support, and religion are automatically assumed to benefit the public unless proven otherwise\n- **Self-help groups**: Open membership groups helping people with specific disadvantages (like a support group for people with a particular illness) don't need to show public benefit\n- **Closed religious orders**: Contemplative orders that pray for the public don't need to show public benefit\n- **Native title benefits**: Purposes benefiting Indigenous Australians connected to native title are treated as benefiting the public\n\n**3. Lists 'charitable purposes' (Sections 12-17)**\nThe Act specifies 12 categories of charitable purpose:\n- Advancing health, education, social welfare, religion, culture\n- Promoting reconciliation and human rights\n- Protecting Australia's security and safety\n- Preventing animal suffering\n- Protecting the natural environment\n- **Advocacy**: Promoting or opposing changes to law or policy (if connected to other charitable purposes)\n- **Catch-all**: Other purposes benefiting the public that are similar to the listed ones\n\n**4. Bans 'disqualifying purposes' (Section 11)**\nAn entity cannot be a charity if its purpose is:\n- Engaging in or promoting **illegal activities** or things **contrary to public policy** (like undermining the rule of law or national security)\n- **Promoting or opposing political parties or candidates** (though debating policies is allowed)\n\n**Why it matters:**\nThis Act provides certainty for thousands of organisations. It allows modern charitable activities—like environmental protection, human rights advocacy, and disaster recovery—to clearly qualify as charitable, while maintaining the traditional requirement that charities serve the public good rather than private interests."}},"importantCases":[],"_links":{"self":"/api/acts/charities-act-2013","history":"/api/acts/charities-act-2013/history","analysis":"/api/acts/charities-act-2013/analysis","conflicts":"/api/acts/charities-act-2013/conflicts","importantCases":"/api/acts/charities-act-2013/important-cases","documents":"/api/acts/charities-act-2013/documents"}}