Charity law and freedom of political communication: the Australian experience

Abstract

This chapter charts the recent evolution of federal Australian charity law as it relates to the boundaries within which charities may freely advocate and express their views concerning governmental and political matters in Australia. This issue has generally been understood as a question of where to draw the line between charity and politics. This chapter retains that focus. In Australia, the Charities Act 2013 (Cth) (Charities Act) currently imposes restrictions on charities engaging in political activities in three ways. First, a charity cannot be a political party. Second, the Act prohibits charities from engaging in certain ‘disqualifying activities’, including election campaigning. Thir..