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.