Beard, Jennifer L --- "Charity law and freedom of political communication: the Australian experience" [2018] ELECD 1351; in Harding, Matthew (ed), "Research Handbook on Not-For-Profit Law" (Edward Elgar Publishing, 2018) 252

Book Title: Research Handbook on Not-For-Profit Law

Editor(s): Harding, Matthew

Publisher: Edward Elgar Publishing

ISBN: 9781785369988

Section: Chapter 11

Section Title: Charity law and freedom of political communication: the Australian experience

Author(s): Beard, Jennifer L

Number of pages: 32

Abstract/Description:

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.