7Definition of *not-for-profit school*

7 Definition of *not-for-profit school*

(1) For the purposes of these Regulations, a not‑for‑profit school is a school that satisfies all of the following criteria—

(a) the school is not established for the purpose of profit or gain;

(b) the proprietor of the school does not conduct the school for the purposes of the proprietor's or any other person's profit or gain;

(c) no part of the profit or gain made in the conduct of the school is or may be distributed to any person or entity;

(d) all money and property received by the school or the proprietor of the school for the conduct of the school are applied solely toward the conduct of the school in accordance with the school's not-for-profit purpose;

(e) the school is not a party to a prohibited agreement or arrangement;

(f) the proprietor of the school is not a party to a prohibited agreement or arrangement;

(g) in the case of a non-Government school, on the closure of the school, any surplus assets of the school remaining after payment of the school's liabilities are required by the constitution or rules governing the school to be—

(i) used by the proprietor of the school for providing education services to children of compulsory school age or for other not-for-profit purposes; or

(ii) given to a not-for-profit entity operating within Australia that provides education services to school children or that has similar not-for-profit purposes to the proprietor.

(2) For the purposes of subregulation (1), a school is not conducted for the purposes of profit or gain only because the school or the proprietor of the school makes a financial surplus in the course of the proper administration of the school.

Reg. 7(3) inserted by S.R. No. 134/2019 reg. 5.

(3) For the purposes of subregulation (1), a school is not conducted for the purposes of profit or gain only because the proprietor of the school—

Reg. 7(3)(a) substituted by S.R. No. 25/2021 reg. 7.

(a) uses money (other than government funding) or property of the school—

(i) to conduct an early learning centre that is a feeder for enrolments to the school; or

(ii) to provide school boarding services at a school boarding premises at which students who are enrolled or attending the school are boarding and where those services are not provided for the purposes of profit or gain; or

Reg. 7(3)(b) substituted by S.R. No. 25/2021 reg. 7.

(b) provides money (other than government funding) or property of the school to—

(i) a person or entity to conduct an early learning centre that is a feeder for enrolments to the school; or