Document ID: chunk:federal_register_of_legislation:C2013A00100:section:10
Version: federal_register_of_legislation:C2013A00100
Segment Type: section
Provision Reference: s 10
Character Range: 9499–10690

10  When public benefit test does not apply

Open and non‑discriminatory self‑help groups
 (1) Disregard the requirement in subparagraph (b)(i) of the definition of charity in section 5 that a purpose of an entity be for the public benefit, if:
 (a) the entity is an association of individuals that has an open and non‑discriminatory membership; and
 (b) the entity is established for the purpose of assisting individuals affected by a particular disadvantage or discrimination, or by a need that is not being met; and
 (c) the entity is made up of, and controlled by, individuals who are affected by the disadvantage, discrimination or need; and
 (d) all of the entity's criteria for membership relate to its purpose; and
 (e) the entity's membership is open to any individual who satisfies the criteria.

Closed or contemplative religious orders
 (2) Disregard the requirement in subparagraph (b)(i) of the definition of charity in section 5 that a purpose of an entity be for the public benefit, if the entity is a closed or contemplative religious order that regularly undertakes prayerful intervention at the request of members of the general public.

Division 3—Disqualifying purpose