Charity law's public benefit test : is legislative reform in the public interest

Harpur, Paul D. (2003) Charity law's public benefit test : is legislative reform in the public interest. QUT Law and Justice Journal, 3(2), pp. 422-437.

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This paper explores the current position of the public benefit test in relation to charitable institutions. Primarily this paper focuses on a proposed new definition for charities released in July 2003 by the Commonwealth Government and subsequent legislative moves in 2003, which support this proposal. The paper focuses on the proposals approach to the "public benefit" test. The paper criticizes the proposals lack of certainty in adopting the universal common good test and leaving critical aspects of the test to the courts. After examining foreign jurisdictions the paper makes recommendations how certainty in the public benefit test could be achieved.

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ID Code: 18744
Item Type: Journal Article
Refereed: Yes
ISSN: 1445-6249
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Deposited On: 13 Mar 2009 04:17
Last Modified: 29 Feb 2012 13:02

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