The Government has released a consultation paper about a single national definition of charity to apply from 1 July 2013 for the purposes of all Commonwealth laws. The paper can be accessed through the Treasury website.

The definition will be principally based on the 2001 Report of the Inquiry into the Definition of Charities and Related Organisations, the definition in the Charities Bill 2003 and the High Court's decision in Aid/Watch Incorporated v the Commissioner of Taxation.

The Government is seeking the views of the not-for-profit sector, the public and the State and Territory governments about how a single definition can serve the needs of the sector and its clients, and encourage charitable giving.

The closing date for submissions is 9 December 2011. Queries and submissions should be sent to NFPReform@treasury.gov.au. If you are considering making a submission on the consultation paper, we can assist you. After responses to the consultation paper are considered, an exposure draft of the Charities Bill will be released in the first half of 2012.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.