‘To Be or Not to Be, a Charity?’ That is the Question for Prescribed Bodies Corporate under the Native Title Act

Abstract

This article evaluates the taxation concessions and other advantages that flow from being a charity and how these might apply to native title groups under the Native Title Act 1993 (Cth). Specifically, it examines the role of the Prescribed Body Corporate (‘PBC’) under the Native Title Act and the potential for, and limitations of, these bodies carrying on business, engaging in community development and accumulating funds whilst also having charitable status. The article examines the financial size and geographical status of current PBCs that have been identified as not being charities and analyses the potential benefits for these organisations if they become charities. It concludes with an evaluation of the disadvantages and disadvantages that charitable status would bring to these PBCs.