Document ID: chunk:federal_register_of_legislation:C2010C00613:clause:10_123c
Version: federal_register_of_legislation:C2010C00613
Segment Type: clause
Provision Reference: sch 10 cl 123C
Character Range: 66769–68549

123C  Endorsement by Commissioner as public benevolent institution

Endorsement of an entity that is a public benevolent institution

 (1) The Commissioner must endorse an entity as a public benevolent institution if:
 (a) the entity is entitled to be endorsed as a public benevolent institution (see subsection (2)); and
 (b) the entity has applied for that endorsement in accordance with Division 426 in Schedule 1 to the Taxation Administration Act 1953.

 (2) An entity is entitled to be endorsed as a public benevolent institution if the entity:
 (a) is a public benevolent institution; and
 (b) has an ABN; and
 (c) is not an employer in relation to which step 2 of the method statement in subsection 5B(1E) applies.

Endorsement of an entity for the operation of a public benevolent institution

 (3) The Commissioner must endorse an entity for the operation of a public benevolent institution if:
 (a) the entity is entitled to be endorsed for the operation of a public benevolent institution (see subsection (4)); and
 (b) the entity has applied for that endorsement in accordance with Division 426 in Schedule 1 to the Taxation Administration Act 1953.

 (4) An entity is entitled to be endorsed for the operation of a public benevolent institution if:
 (a) the entity:
 (i) includes the public benevolent institution; and
 (ii) has an ABN; and
 (b) the public benevolent institution is an employer; and
 (c) the public benevolent institution is not an employer in relation to which step 2 of the method statement in subsection 5B(1E) applies.

 (5) If an entity is endorsed under subsection (3) for the operation of a public benevolent institution, the public benevolent institution is taken to be endorsed under this subsection as a public benevolent institution.