5Self‑help groups and closed or contemplative religious orders are for the public benefit

5 Self‑help groups and closed or contemplative religious orders are for the public benefit

(1) Without limiting what constitutes a public benefit, an institution has a purpose that is for the public benefit to the extent that the institution is: (a) an open and non‑discriminatory self‑help group (see subsection (2)); or (b) a closed or contemplative religious order that regularly undertakes prayerful intervention at the request of members of the public. (2) An institution is an open and non‑discriminatory self‑help group if: (a) it is an association of individuals that has an open and non‑discriminatory membership; and (b) it is established for the purpose of assisting individuals affected by: (i) a particular disadvantage or discrimination; or (ii) a need, arising out of a particular disadvantage or discrimination, that is not being met; and (c) it is made up of, and controlled by, individuals who are affected by the disadvantage or discrimination; and (d) all of its criteria for membership relate to its purpose; and (e) its membership is open to any individual who satisfies the criteria. (3) This section applies for the purpose of determining whether an institution is a charity, for the purposes of a provision of an Act or instrument. (4) The fact that, because of this section, a purpose of an institution is for the public benefit does not affect the question whether that purpose is a charitable purpose.