Queensland Consolidated Acts

LAND TAX ACT 1915 - SECT 13A

(1) In section 13--

exempt charitable institution means--

(a) the University of Queensland, Griffith University, Queensland University of Technology, James Cook University, Bond University Limited or an institution declared under a regulation to be a university; or

(b) a constituent college of a university mentioned in paragraph (a); or

(c) a tertiary educational institution approved under a regulation; or

(d) a public benevolent institution; or

(e) an institution, whose principal object is 1 or more of the following--

(i) the education of students in primary or secondary schools;

(ii) the conduct of a rural training school;

(iii) the conduct of a kindergarten or preschool;

(iv) the relief of poverty;

(v) the provision of care which relates to and is necessary for persons who are sick, aged, infirm, afflicted or incorrigible;

(vi) the provision of full-time care for the wellbeing and protection of children, including the provision of all necessary food, clothing and shelter; or

(f) an institution declared by the Minister (in the Minister's discretion) to be an exempt charitable institution whose principal object is of a charitable nature, promotes the public good and is not related to--

(i) a sporting, recreational, leisure or social matter; or

(ii) an object declared under a regulation; or

(g) a religious institution.

(2) A regulation approving a tertiary educational institution may be made only if the institution--

(a) is a public institution; or

(b) has a constitution that provides that--

(i) the income and property of the institution are to be used and applied only for the promotion of the objects of the institution and are not to be distributed in any way among its members; and

(ii) on dissolution the net assets of the institution after satisfaction of all liabilities must be transferred to an institution with similar objects.

(3) An institution is an institution within the meaning of subsection (1)(d) or (e) only if the constitution of the institution provides that--

(a) the income and property of the institution are to be used and applied only for the promotion of the objects of the institution and are not to be distributed in any way among its members; and

(b) on dissolution the net assets of the institution after satisfaction of all liabilities must be transferred to an institution with similar objects.

(4) The Minister may have regard to the commercial activities of an institution in exercising the Minister's discretion under subsection (1)(f).