Document ID: chunk:federal_register_of_legislation:C2025C00029:section:8:p25
Version: federal_register_of_legislation:C2025C00029
Segment Type: section
Provision Reference: s 8 (pt 25/28)
Character Range: 652840–655593

not provide for the winding up or termination of the entity; and
 (e) the entity meets the requirements of section 30‑130, unless the entity is endorsed as a deductible gift recipient under paragraph 30‑120(a).

Relevant special conditions in table in section 30‑15
 (3) To avoid doubt:
 (a) a condition requiring the fund, authority or institution to meet the requirements of section 30‑17 is not a relevant condition for the purposes of subparagraph (1)(b)(iii) or paragraph (2)(c) of this section; and
Note: Section 30‑17 requires the entity to be endorsed under this Subdivision as a deductible gift recipient.
 (b) in the case of a fund, authority or institution that is described in item 1 of the table in section 30‑15—a condition set out in the relevant table item in Subdivision 30‑B, including a condition identified in the column headed "Special conditions—fund, authority or institution" of that item (if any), is a relevant condition for the purposes of subparagraph (1)(b)(iii) or paragraph (2)(c) of this section.
Note: Paragraph (c) of the column headed "Special conditions" of item 1 of the table in section 30‑15 requires any conditions set out in the relevant table item in Subdivision 30‑B to be satisfied.

Transfer of assets from fund, authority or institution
 (6) A law (outside this Subdivision), a document constituting the entity or rules governing the entity's activities must require the entity, at the first occurrence of an event described in subsection (7), to transfer to a fund, authority or institution gifts to which can be deducted under this Division:
 (a) any surplus assets of the gift fund (see section 30‑130); or
 (b) if the entity is not required by this section to meet the requirements of section 30‑130—any surplus:
 (i) gifts of money or property for the principal purpose of the fund, authority or institution; and
 (ii) contributions described in item 7 or 8 of the table in section 30‑15 in relation to a *fund‑raising event held for that purpose; and
 (iii) money received by the entity because of such gifts or contributions.

Events requiring transfer
 (7) The events are:
 (a) the winding up of the fund, authority or institution; and
 (b) if the entity is endorsed because of a fund, authority or institution—the revocation of the entity's endorsement under this Subdivision relating to the fund, authority or institution.
Note 1: There are 2 ways an entity can be endorsed because of a fund, authority or institution. An entity can be endorsed either because it is a fund, authority or institution or because it operates a fund, authority or institution.
Note 2: Section 426‑55 in Schedule 1 to the Taxation Administration Act 1953 deals with revocation of endorsement.
Note 3: The entity is also