[Andrew Butcher]

Advice confirming two items from Treasury has been received today,

• Properties used by a charity (i.e. St Vincent DePaul) exclusively as an administration office and with no public access is to be classified COMNV.
• University land, although listed under attachment A as GOVT needs to be PUBLIC and a change will be made to release 4 of the manual.

In regards to Universities item 16 of attachment C ‘definition of public benefit’ refers to higher education providers, a list can be found using this link https://www.legislation.gov.au/Details/C2017C00003/Download

[Rod Taber]

Hi Andrew

Vinnies/Salvo etc retail shops have “access to public” so are they “PUBLIC” or COMMNV” ??

Also in regard to UNI – “PUBLIC” ?? what about State Public Primary and High Schools – are they now “PUBLIC” as well not “GOVT” ?? – as they are also educational facilities ??

thanks

[Andrew Butcher]

Hi Rod
It depends, if the property is being used by a registered PBI or charity purely as an administration building then it will be COMNV. However if jointly operated for retail or exclusively as a retail store then PUBLIC.
Yes, a University is not a statutory body representing the crown. It is important to remember that state infrastructure is exempt as GOVT purely because of efficiencies in making payments. If a public school was to pay the ESPL Treasury would need to make an equal expenditure offset representing the amounts paid to each public school and councils would be required to bill, transfer and reconcile payments made each quarter.
I trust this information is helpful.
Regards,
Andrew

[Cherie Muir]

Hi there, me again

I think I missed something – I thought Op Shops run by charity were COMNV? Has Treasury since advised that they should be PUBLIC? And if so, do you think something extra will be added to Schedule 1 ‘Public Benefit land’ to cover a charity operated retail shop?

Also in regard to the universities that were originally listed as GOVT, eg; UNSW and Sydney University. I understand they are now PUBLIC as per # 8 on Schedule 1 Public Benefit Land. Does # 8 just cover university owned land that is the place of education, eg; Campus? UNSW owns loads of land off campus that isn’t a place of education, eg; off campus student housing and just regular houses leased through local real estate agents. Are we interpretting # 8 of Schedule 1 to cover every property owned by a university regardless of the property’s use? Or does the ‘profit/use’ test prevail for non-campus land?

Thank you, Cherie

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