Treasury Laws Amendment (Refining and Improving Our Tax System) Act 2023 (40 of 2023)

Schedule 3   DGR registers reform

Part 4   Overseas aid

Income Tax Assessment Act 1997

17   Subsection 30-80(1) (table item 9.1.1)

Repeal the item, substitute:

9.1.1

a public fund, institution or *Australian government agency whose principal purpose is delivering development or humanitarian assistance activities (or both):

(a) in a country covered by section 30-85; and

(b) in partnership with entities in the country, based on principles of cooperation, mutual respect and shared accountability

the public fund, institution or Australian government agency must:

(a) if it is a public fund - be operated by a *registered charity; and

(b) if it is an institution - be a registered charity; and

(c) if it is not a public fund - meet the requirements of section 30-130

if the gift is made to an institution or Australian government agency - the gift must be received by the gift fund (mentioned in section 30-130) of the institution or Australian government agency