EXTENSION OF CHARITABLE PURPOSE ACT 2004 (REPEALED)

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

5(1)   [Groups and orders for public benefit]  

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.

5(2)   [``open and non-discriminatory self-help group'']  

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.

5(3)   [Application]  

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.

5(4)   [Charitable purpose]  

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.