Research Handbook on Not-For-Profit Law
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Research Handbook on Not-For-Profit Law

Edited by Matthew Harding

This Research Handbook provides a comprehensive overview of scholarship on not-for-profit law. The chapters, written by world leading experts, explore key ideas and debates in relation to: theories of the not-for-profit sector, the composition and scope of that sector, not-for-profit organisations and the constitution, the legal conception of charity, the tax treatment of not-for-profit organisations and the regulation of not-for-profits. The book serves to represent not-for-profit law as a field of academic inquiry, and to point the way to future research in that field.
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Chapter 11: Charity law and freedom of political communication: the Australian experience

Jennifer L Beard

Abstract

This chapter begins by considering how charity advocacy for political causes might in the Australian setting serve the important constitutional value of political sovereignty; it concludes that charity advocacy does serve that value, but questions whether charities should be subsidized to carry out such advocacy except where the advocacy serves charitable purposes. The chapter also considers the topic of charities participating in election campaigning in Australia. It suggests that the rule in Australia’s Charities Act that identifies election campaigning as a disqualifying purpose may fall foul of the implied freedom of political communication in the Australian Constitution.

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