R.P.D . Wright                                           	                    Solicitor
1 Princess Street, Kew 3101                                         Telephone--- (03) 9853 3289
P.O. Box 418, Kew 3101                                                          AH: (03) 9817  5303
                                                                                       Fax: (03) 9853  1023
                                                      email: robwri@ alphalink.com.au 
                                                                           9 December 2011

The ManagerPhilanthropy and Exemptions Unit
Personal and Retirements Income Division
The Treasury
Langton Crescent 
Parkes 
ACT

Re: Consultation Paper – A Definition of Charity

Thank you for the opportunity to comment on the paper.

My principal  comment is on paragraph 144, concerning the statutory provisions stated to exist in “some states” severing non-charitable purposes in a mixed purpose trust. 

Since, as I understand the situation, there is legislation in all mainland states dealing with this subject, it would be very unfortunate if such trusts could not be included as charitable.  Such recognition could then provide the stimulus for the other jurisdictions to enact similar provisions. 

The relevant provisions are: 
Victoria: Charities Act 1978 s.7M
New South Wales: Charitable Trusts Act 1993 s. 23
Queensland:  Trusts Act 1973  s.104
South Australia: Trustee Act 1936 s. 69A
Western Australia: Trustees Act 1962 s. 102

There are also statutory provisions in some states dealing with the control by government issue (SA Trustee Act s.69D and Victoria Charities Act s.7K)  and the provision of recreational facilities. (SA Trustee Act s.69C)  It would be worthwhile examining these in formulating detailed provisions.

Yours faithfully,

R.P.D. Wright