Charities Amendment (Charitable Purpose) Bill 2017 - Statement of Compatability - Fiona Patten - Leader of the Reason Party

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Charities Amendment (Charitable Purpose) Bill 2017 – Statement of Compatability

by Fiona Patten / Wednesday, 07 March 2018 / Published in

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

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About Fiona Patten

Fiona Patten is the founder and leader of the Reason Party and a Member of the Victorian Legislative Council for the Northern Metropolitan region. She came to politics after 20 years of lobbying for the rights of organisations involved in the sexual rights movement – including small businesses, sex workers, HIV/AIDS organisations, adult media and online anti-censorship groups. Before that she was an established independent fashion designer with her own label called Body Politics.

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