Taxation Laws Amendment Act (No. 6) 2003 (67 of 2003)

Schedule 12   New deductible gift recipient category

Income Tax Assessment Act 1997

4   After Subdivision 30-E

Insert:

Subdivision 30-EA - Register of harm prevention charities

Guide to Subdivision 30-EA

30-286 What this Subdivision is about

This Subdivision requires the establishment of a register of harm prevention charities. Section 30-15 allows you to deduct a gift that you make to a fund that is on the register.

Table of sections

Operative provisions

30-287 Establishing the register

30-288 Meaning of harm prevention charity

30-289 Principal activity - promoting the prevention or control of harm or abuse

30-289A Other requirements

30-289B What must be on the register

30-289C Removal from the register

[This is the end of the Guide.]

Operative provisions

30-287 Establishing the register

The Secretary of the Department of Family and Community Services must keep a register of *harm prevention charities.

Note: Section 30-289B sets out what details must be entered on the register.

30-288 Meaning of harm prevention charity

A harm prevention charity is a charitable institution that:

(a) satisfies each requirement in sections 30-289 and 30-289A; and

(b) is endorsed as exempt from income tax under Subdivision 50-B.

30-289 Principal activity - promoting the prevention or control of harm or abuse

(1) The principal activity of the institution must be the promotion of the prevention or the control of *behaviour that is harmful or abusive to human beings.

(2) It must maintain a public fund:

(a) to which gifts of money or property for its principal activity are to be made; and

(b) to which any money received because of such gifts is to be credited; and

(c) that does not receive any other money or property.

(3) It must use gifts made to the fund, and any money received because of such gifts, only for its principal activity.

(4) It must have agreed to comply with any rules that the Treasurer and the Minister for Family and Community Services make to ensure that gifts made to the fund are used only for its principal activity.

30-289A Other requirements

No acting as a conduit

(1) The institution must have a policy of not acting as a mere conduit for the donation of money or property to other organisations, bodies or persons.

Surplus assets to be transferred on winding up

(2) It must have rules providing that, if the public fund is wound up, any surplus assets of the fund are to be transferred to another fund that is on the register.

Statistical information to be provided

(3) It must have agreed to give the Secretary of the Department of Family and Community Services, within a reasonable period after the end of each income year, statistical information about gifts made to the public fund during that income year.

30-289B What must be on the register

(1) The Secretary of the Department of Family and Community Services must enter on the register each *harm prevention charity, and the public fund it maintains, that he or she has been directed to enter by the Treasurer and the Minister for Family and Community Services.

(2) The Treasurer and the Minister may so direct the Secretary only if the Minister has notified the Treasurer that he or she is satisfied that an institution is a *harm prevention charity. The notification must be in writing.

(3) The direction must be in writing and must specify the day on which the charity and public fund are to be entered on the register. The day must be the day on which the direction is given or a later day.

(4) The Treasurer and the Minister for Family and Community Services must have regard to the policies and budgetary priorities of the Commonwealth Government in deciding whether to give a direction.

30-289C Removal from the register

(1) The Treasurer and the Minister for Family and Community Services may direct the Secretary of the Department of Family and Community Services to remove a *harm prevention charity, and the public fund it maintains, from the register.

(2) The direction must be in writing and must specify the day on which the charity and public fund are to be removed from the register. The day must be the day on which the direction is given or a later day.