Charities Act 2005

4 Interpretation

(1)

In this Act, unless the context otherwise requires,—

Board means the board established by section 8

charitable entity means a society, an institution, or the trustees of a trust that is or are registered as a charitable entity under this Act

chief executive means the chief executive of the department

collector means a person who, on behalf of a charitable entity, requests funds, canvasses for subscriptions, sells raffle or lottery tickets, or appeals for donations

department means the department that, with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

document has the meaning set out in section 2(1) of the Commerce Act 1986

entity means any society, institution, or trustees of a trust

Inland Revenue Acts has the meaning set out in section 3(1) of the Tax Administration Act 1994

Minister means the Minister of the Crown who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for the administration of this Act

officer—

(a)

means, in relation to the trustees of a trust, any of those trustees; and

(b)

means, in relation to any other entity,—

(i)

a member of the board or governing body of the entity if it has a board or governing body; and

(ii)

a person occupying a position in the entity that allows the person to exercise significant influence over the management or administration of the entity (for example, a treasurer or a chief executive); and

(c)

includes any class or classes of persons that are declared by regulations to be officers for the purposes of this Act; but

(d)

excludes any class or classes of persons that are declared by regulations not to be officers for the purposes of this Act

parent entity has the meaning set out in section 44

register or register of charitable entities means the register of charitable entities established under section 21

regulations means regulations in force under this Act

rules means,—

(a)

in relation to the trustees of a trust, the rules, trust deeds, and instruments constituting, or defining the constitution of, that trust; and

(b)

in relation to any other entity, the rules, constitution, and instruments constituting, or defining the constitution of, that entity

serious wrongdoing, in relation to an entity, includes any serious wrongdoing of any of the following types:

(a)

an unlawful or a corrupt use of the funds or resources of the entity; or

(b)

an act, omission, or course of conduct that constitutes a serious risk to the public interest in the orderly and appropriate conduct of the affairs of the entity; or

(c)

an act, omission, or course of conduct that constitutes an offence; or

(d)

an act, omission, or course of conduct by a person that is oppressive, improperly discriminatory, or grossly negligent, or that constitutes gross mismanagement

single entity has the meaning set out in section 44.

(2)

In this Act, unless the context otherwise requires, references to a person performing functions and exercising powers, or carrying out responsibilities, include carrying out duties.

(3)

An example used in this Act has the following status:

(a)

the example is only illustrative of the provision to which it relates and does not limit the provision; and

(b)

if the example and the provision to which it relates are inconsistent, the provision prevails.

Section 4(1) Board: inserted, on 1 July 2012, by section 6(2) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

Section 4(1) chief executive: inserted, on 1 July 2012, by section 6(2) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

Section 4(1) Commission: repealed, on 1 July 2012, by section 6(1) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

Section 4(1) department: inserted, on 1 July 2012, by section 6(2) of the Charities Amendment Act (No 2) 2012 (2012 No 43).

Section 4(1) officer paragraph (b)(i): amended, on 25 February 2012, by section 4(2) of the Charities Amendment Act 2012 (2012 No 4).

Section 4(1) officer paragraph (b)(ii): amended, on 25 February 2012, by section 4(3) of the Charities Amendment Act 2012 (2012 No 4).