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New South Wales regulation
This Regulation replaces the 2017 Regulation, commences on publication, and defines “prescribed trusts” for the Charitable Trusts Act as trusts exempt from income tax under the Commonwealth Income Tax Assessment Act 1997, section 50-5 item 1.1. It preserves existing arrangements (s5), links NSW classification to Commonwealth endorsement rules (s4), and therefore affects trustees and trust administrators who must hold or rely on Commonwealth tax-exempt status. The main costs are compliance and dependency on Commonwealth determinations.
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Direct links to the current provisions in Charitable Trusts Regulation 2022.
2 Commencement
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This Regulation repeals and replaces the Charitable Trusts Regulation 2017, which would otherwise be repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).
3 Definitions
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.
4 Prescribed 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.
5 Repeal 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(1) The Charitable Trust Regulation 2017 is repealed.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.
Sourced from legislation.nsw.gov.au, CC BY 4.0.
1 Name of Regulation
This Regulation is the Charitable Trusts Regulation 2022.
2 Commencement
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).
3 Definitions
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.
4 Prescribed 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.
5 Repeal 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.