16School does not operate for profit because of community use of school premises

16 School does not operate for profit because of community use of school premises

16 School does not operate for profit because of community use of school premises

(1) For the Act, section 83C(3), a non-government school does not operate for profit because the facilities of the school are made available at no cost or below reasonable market value—

(a) to a school, local council, government agency, not-for-profit organisation or community group, or

(b) to members of the public for recreational purposes or other purposes that benefit the local community.

(2) This section does not apply if the use of the facilities limits or restricts the operation of the school.

(3) To avoid doubt, facilities that have been developed, acquired, upgraded or maintained under a joint use arrangement, within the meaning of section 14, may be made available for community use.

(4) In this section—

community group does not include a group that operates for profit.

government agency means the following—

(a) the Crown,

(b) a NSW Government agency,

(c) a Public Service agency within the meaning of the Government Sector Employment Act 2013,

(d) a State owned corporation within the meaning of the State Owned Corporations Act 1989,

(e) another public authority constituted by or under an Act.