sch.48-sec.5Meaning of eligible non-profit organisation

### sch.48-sec.5 Meaning of eligible non-profit organisation A non-profit organisation is an eligible non-profit organisation if— the organisation— holds an Australian Business Number for the organisation; and has continuously held the same Australian Business Number since 1 January 2023; and the organisation is, and has been since 1 January 2023— registered for GST; and trading from premises in Queensland, primarily in a tourism industry; and on 1 January 2023, the organisation— had no employees; or employed fewer than 20 full-time employees; or if the organisation employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or an externally administered entity. However, a non-profit organisation is not an eligible non-profit organisation if— the organisation is a government entity; or the organisation’s only source of income is 1 or more of the following— earnings from rental properties; interest earned on investments; dividends. For subsection (1) (c) (iii) , the number of equivalent full-time employees of an organisation is worked out using the formula— where— E means the number of equivalent full-time employees of the organisation. F means the number of full-time employees of the organisation. P means the total number of hours worked each week by employees who are not full-time employees. In this section— externally administered entity , in relation to an organisation, means the organisation is a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 . government entity means— a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or a local government; or a government owned corporation; or an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or an entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d). insolvent under administration , in relation to an organisation, see the Corporations Act , section 9 . non-profit organisation means a charity or other not-for-profit entity that is incorporated under a law of the Commonwealth, this State or another State. sch 48 s 5 ins 2023 SL No. 35 s 6 (sch.48-sec.5-ssec.1) A non-profit organisation is an eligible non-profit organisation if— the organisation— holds an Australian Business Number for the organisation; and has continuously held the same Australian Business Number since 1 January 2023; and the organisation is, and has been since 1 January 2023— registered for GST; and trading from premises in Queensland, primarily in a tourism industry; and on 1 January 2023, the organisation— had no employees; or employed fewer than 20 full-time employees; or if the organisation employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or an externally administered entity. (sch.48-sec.5-ssec.2) However, a non-profit organisation is not an eligible non-profit organisation if— the organisation is a government entity; or the organisation’s only source of income is 1 or more of the following— earnings from rental properties; interest earned on investments; dividends. (sch.48-sec.5-ssec.3) For subsection (1) (c) (iii) , the number of equivalent full-time employees of an organisation is worked out using the formula— where— E means the number of equivalent full-time employees of the organisation. F means the number of full-time employees of the organisation. P means the total number of hours worked each week by employees who are not full-time employees. (sch.48-sec.5-ssec.4) In this section— externally administered entity , in relation to an organisation, means the organisation is a Chapter 5 body corporate within the meaning of the Corporations Act , section 9 . government entity means— a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or a local government; or a government owned corporation; or an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or an entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d). insolvent under administration , in relation to an organisation, see the Corporations Act , section 9 . non-profit organisation means a charity or other not-for-profit entity that is incorporated under a law of the Commonwealth, this State or another State. - (a) the organisation— (i) holds an Australian Business Number for the organisation; and (ii) has continuously held the same Australian Business Number since 1 January 2023; and - (i) holds an Australian Business Number for the organisation; and - (ii) has continuously held the same Australian Business Number since 1 January 2023; and - (b) the organisation is, and has been since 1 January 2023— (i) registered for GST; and (ii) trading from premises in Queensland, primarily in a tourism industry; and - (i) registered for GST; and - (ii) trading from premises in Queensland, primarily in a tourism industry; and - (c) on 1 January 2023, the organisation— (i) had no employees; or (ii) employed fewer than 20 full-time employees; or (iii) if the organisation employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and - (i) had no employees; or - (ii) employed fewer than 20 full-time employees; or - (iii) if the organisation employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and - (d) neither the organisation, nor a member of the organisation’s governing body, is an insolvent under administration or an externally administered entity. - (i) holds an Australian Business Number for the organisation; and - (ii) has continuously held the same Australian Business Number since 1 January 2023; and - (i) registered for GST; and - (ii) trading from premises in Queensland, primarily in a tourism industry; and - (i) had no employees; or - (ii) employed fewer than 20 full-time employees; or - (iii) if the organisation employed employees other than full-time employees—employed fewer than 20 equivalent full-time employees; and - (a) the organisation is a government entity; or - (b) the organisation’s only source of income is 1 or more of the following— (i) earnings from rental properties; (ii) interest earned on investments; (iii) dividends. - (i) earnings from rental properties; - (ii) interest earned on investments; - (iii) dividends. - (i) earnings from rental properties; - (ii) interest earned on investments; - (iii) dividends. - (a) a government entity within the meaning of the Public Sector Act 2022 , section 276 ; or - (b) a local government; or - (c) a government owned corporation; or - (d) an Australian government agency or sovereign entity within the meaning of the Income Tax Assessment Act 1997 (Cwlth) ; or - (e) an entity that is wholly owned by an entity mentioned in any of paragraphs (a) to (d).