Ms PATTEN (Northern Metropolitan) tabled following statement in accordance with Charter of Human Rights and Responsibilities Act 2006:
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the charter), I make this statement of compatibility with respect to the Charities Amendment (Charitable Purpose) Bill 2017.
In my opinion, the Charities Amendment (Charitable Purpose) Bill 2017, as introduced to the Legislative Council, is compatible with human rights as set out in the charter. I base my opinion on the reasons outlined in this statement.
Overview of bill
The main purposes of the Charities Amendment (Charitable Purpose) Bill are to:
amend the Charities Act 1978 to insert a definition of charitable purpose that applies to Victorian legislation. This definition excludes advancement of religion as a charitable purpose but does not affect the otherwise charitable works of religious institutions.
adopt this definition for the purposes of exemptions provided under the Duties Act 2000, the Land Tax Act 2005 and the Payroll Tax Act 2007.
exempt religious institutions from the liability to pay land tax pursuant to the Land Tax Act 2005 in relation to a place used exclusively as a place of public worship.
Human rights issues
Human rights protected by the charter that are relevant to the bill
The Charities Amendment (Charitable Purpose) Bill 2017 does not limit any human rights.
Consideration of reasonable limitations — section 7(2)
As the bill does not raise any human rights issues, it does not limit any human rights, and therefore it is not necessary to consider section 7(2) of the charter.
Conclusion
I consider that the bill is compatible with the charter because it does not raise any human rights issues.
Fiona Patten, MLC
