How do we Regulate Activities within a Charity Law Framework Focussed on Purposes?

(2020) 26(2) Third Sector Review 65

29 Pages Posted: 22 Jul 2021

See all articles by Ian Murray

Ian Murray

The University of Western Australia Law School

Date Written: July 19, 2021

Abstract

The law about when an entity is or is not a charity focuses on that entity’s purposes, not its activities. Yet, much of the current civil society debate centres on particular charity activities: election campaigning, the discriminatory provision of goods and services, or carrying on large-scale commercial activities. The issue arises in many jurisdictions around the world. This article focuses on examples drawn primarily from Australasia to argue that there are alternative sources of regulation of relevance to Australasian charity activities and that evaluation and reform efforts would be best spent in focussing on these alternatives. In particular, broadly-applicable regulatory rules that apply to all entities engaging in activities such as anti-discrimination legislation; as well as charity-specific rules that might be justified as guarding against the charity/government or charity/business boundaries, or as rectifying charity deficiencies such as difficulties in raising equity capital. While the discussion focuses on how Australia and New Zealand might better regulate charity activities, the article informs that discussion by considering regulatory approaches to particular issues in the UK, Canada and the US.

Keywords: Charity law, charities, for-purpose, activities, regulation

Suggested Citation

Murray, Ian, How do we Regulate Activities within a Charity Law Framework Focussed on Purposes? (July 19, 2021). (2020) 26(2) Third Sector Review 65, Available at SSRN: https://ssrn.com/abstract=3889443

Ian Murray (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

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