Charities (State or Territory Government Entity) Instrument 2023

6 days left to have your say
Consultation Type
Exposure Draft

Key Documents

The current Charities (Definition of Government Entity) Instrument 2013 (the instrument) prescribes entities established under a law by a State or Territory, for the purposes of the definition of 'government entity' in the Charities Act 2013 (Charities Act).

The instrument sunsets on 1 April 2024 and must be remade as it excludes State and Territory government entities from charity registration, working with provisions in the Charities Act which also capture Commonwealth government entities.

The government has released an exposure draft instrument and explanatory materials to remake the instrument with minor amendment, following clarification in a relevant area of law, to ensure that the instrument continues to operate as intended.

The instrument will be re-named as Charities (State or Territory Government Entity) Instrument 2023.

The community’s views are sought on the exposure draft instrument and explanatory materials.


You can submit responses to this consultation up until 15 December 2023. Interested parties are invited to comment on this consultation.

While submissions may be lodged electronically or by post, electronic lodgement is preferred. For accessibility reasons, please submit responses sent via email in a Word or RTF format. An additional PDF version may also be submitted.

All information (including name and address details) contained in submissions will be made available to the public on the Treasury website unless you indicate that you would like all or part of your submission to remain in confidence. Automatically generated confidentiality statements in emails do not suffice for this purpose. Respondents who would like part of their submission to remain in confidence should provide this information marked as such in a separate attachment.

Legal requirements, such as those imposed by the Freedom of Information Act 1982, may affect the confidentiality of your submission.

View our submission guidelines for further information.

How To Respond



Address written submissions to:

Not-for-profit Unit
Langton Cres
Parkes ACT 2600