Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) Without limiting what constitutes a public benefit, an institution has a purpose that is for the public benefit to the extent that the institution is:
(a) an open and non‑discriminatory self‑help group (see subsection (2)); or
(b) a closed or contemplative religious order that regularly undertakes prayerful intervention at the request of members of the public.
(2) An institution is an open and non‑discriminatory self‑help group if:
(a) it is an association of individuals that has an open and non‑discriminatory membership; and
(b) it is established for the purpose of assisting individuals affected by:
(i) a particular disadvantage or discrimination; or
(ii) a need, arising out of a particular disadvantage or discrimination, that is not being met; and
(c) it is made up of, and controlled by, individuals who are affected by the disadvantage or discrimination; and
(d) all of its criteria for membership relate to its purpose; and
(e) its membership is open to any individual who satisfies the criteria.
(3) This section applies for the purpose of determining whether an institution is a charity, for the purposes of a provision of an Act or instrument.
(4) The fact that, because of this section, a purpose of an institution is for the public benefit does not affect the question whether that purpose is a charitable purpose.