Dean Smith rejects charity commission changes to SSM bill

The Liberal MP who devised the same-sex marriage bill rejected a safeguard recommended by the charities commission.

Coalition senator Dean Smith during the same-sex marriage debate.

The Liberal senator who devised the same-sex marriage bill rejected a proposal from the charities commission to make changes that would put “beyond doubt” protections for faith-based organisations.

West Australian senator Dean Smith yesterday confirmed he did not take up the suggestion of the charities commission to include a safeguard for faith-based organisations to address community concerns about the consequences of same-sex marriage.

Senator Smith was advised by the Australian Charities and Not-for-profits Commission the ­addition was not “legally necessary” and that faith-based organisations “with a purpose of advancing religion” would not lose their charitable status.

But ACNC acting commissioner Murray Baird informed Senator Smith by email on ­November 24 that a “legislative provision” confirming that an ­organisation’s charity status should not change by reason of the new definition of marriage would “put the matter beyond doubt”.

Senator Smith said last night he had received advice from three separate and independent sources, including the ACNC, that amendments protecting charities were unnecessary.

“I appreciate people have a different view but I believe I have done my due diligence and concluded amendments were not ­required,” he said.

Senator Smith received the email from Mr Baird after making further inquiries about a letter from him sent earlier that day which suggested consideration of an amendment to the same-sex marriage bill.

Senator Smith told the upper house last week his bill was “silent” on the issue of charities but was reassured by both the Taxation Commissioner and Mr Baird there would be no adverse consequences arising from same-sex marriage.

Mark Fowler, a professor at Notre Dame Law School, warned the advice from the ACNC to Senator Smith that faith-based organisations would not be affected by same-sex marriage was flawed because it applied only to organisations seen to have a “purpose of advancing religion”.

“In its letter to Senator Smith, the ACNC only refers to religious charities,” he said. “This is a different category in law to religious schools and faith-based charities which provide important welfare services.”

Treasurer Scott Morrison will move an amendment in the lower house today ensuring that no ­organisation can have their public funding or charitable status threatened for upholding the traditional definition of marriage.

Malcolm Turnbull has already indicated his support for extra protections for faith-based charities but the push is expected to fail with Labor and moderate MPs including Christopher Pyne signalling their intention to vote them down.

Assistant Minister to the Treasurer Michael Sukkar will move an amendment ensuring the traditional definition of marriage is broadened to also include the union of two people.

An amendment will be also moved by Alex Hawke extending religious and conscientious protections to marriage celebrant military chaplains and officers.