s 23

Immediate circle

In force

(1)

For the purposes of this Act, a person’s immediate circle consists of the person, together with the following persons:

(a)

if the person is an individual—an employee of the individual;

(b)

if the person is a partnership—an employee of the partnership;

(c)

if the person is a body corporate:

(i)

an officer of the body corporate;

(ii)

if another body corporate is related to the first‑mentioned body corporate (within the meaning of the Corporations Act 2001)—that other body corporate and an officer of that other body corporate;

(d)

if the person is the Commonwealth:

(i)

an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;

(ii)

an officer or employee of the Commonwealth;

(iii)

a member of the Australian Defence Force;

(iv)

a member of the Australian Federal Police;

(v)

a member of the Parliament and a member of the staff of a member of the Parliament;

(vi)

a person who holds or performs the duties of an office under the Constitution or a law of the Commonwealth;

(e)

if the person is a State:

(i)

an authority or institution of the State (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;

(ii)

an officer or employee of the State;

(iii)

a member of the police force of the State;

(iv)

a member of the Parliament of the State and a member of the staff of a member of the Parliament of the State;

(v)

a person who holds or performs the duties of an office under a law of the State;

(f)

if the person is a Territory:

(i)

an authority or institution of the Territory (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of such an authority or institution;

(ii)

an officer or employee of the Territory;

(iii)

a member of the police force of the Territory;

(iv)

a member of the Legislative Assembly of the Territory and a member of the staff of a member of the Legislative Assembly of the Territory;

(v)

a person who holds or performs the duties of an office under a law of the Territory;

(g)

if the person is an authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function):

(i)

a constituent member or an employee of the authority or institution;

(ii)

the Commonwealth;

(iii)

an officer or employee of the Commonwealth;

(iv)

a member of the Australian Defence Force;

(v)

a member of the Australian Federal Police;

(vi)

a member of the Parliament and a member of the staff of a member of the Parliament;

(vii)

a person who holds or performs the duties of an office under the Constitution or a law of the Commonwealth;

(viii)

another authority or institution of the Commonwealth (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution;

(h)

if the person is an authority or institution of the Commonwealth, being an authority or institution that carries on a business as a core function—a constituent member or an employee of the authority or institution;

(i)

if the person is an authority or institution of a State (other than an authority or institution that carries on a business as a core function):

(i)

a constituent member or an employee of the authority or institution;

(ii)

the State;

(iii)

an officer or employee of the State;

(iv)

a member of the police force of the State;

(v)

a member of the Parliament of the State and a member of the staff of a member of the Parliament of the State;

(vi)

a person who holds or performs the duties of an office under a law of the State;

(vii)

another authority or institution of the State (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution;

(j)

if the person is an authority or institution of a State, being an authority or institution that carries on a business as a core function—a constituent member or an employee of the authority or institution;

(k)

if the person is an authority or institution of a Territory (other than an authority or institution that carries on a business as a core function):

(i)

a constituent member or an employee of the authority or institution;

(ii)

the Territory;

(iii)

an officer or employee of the Territory;

(iv)

a member of the police force of the Territory;

(v)

a member of the Legislative Assembly of the Territory and a member of the staff of a member of the Legislative Assembly of the Territory;

(vi)

a person who holds or performs the duties of an office under a law of the Territory;

(vii)

another authority or institution of the Territory (other than an authority or institution that carries on a business as a core function) and a constituent member or an employee of the other authority or institution;

(l)

if the person is an authority or institution of a Territory, being an authority or institution that carries on a business as a core function—a constituent member or employee of the authority or institution;

(m)

if the person is a tertiary education institution:

(i)

a member of the governing body of the tertiary education institution;

(ii)

an officer or employee of the tertiary education institution;

(iii)

a student of the tertiary education institution;

(n)

a person specified in a determination under subsection (2).

(2)

The Minister may, by legislative instrument, make a determination specifying persons for the purposes of paragraph (1)(n).

(3)

A determination under subsection (2) may be unconditional or subject to such conditions (if any) as are specified in the determination.

(4)

Paragraphs (1)(a) to (m) (inclusive) do not, by implication, limit subsections (2) and (3).

(5)

The Minister may, by legislative instrument, make a determination providing that a specified authority or specified institution is taken to carry on a business as a core function for the purposes of subsection (1).

(6)

The Minister may, by legislative instrument, make a determination providing that a specified authority or specified institution is taken not to carry on a business as a core function for the purposes of subsection (1).

(7)

A determination under subsection (2), (5) or (6) has effect accordingly.

(9)

For the purposes of this section, a person who holds or performs the duties of the office of Administrator of the Northern Territory is taken to be an officer of that Territory.

(10)

For the purposes of this section, the Australian Federal Police is taken to be the police force of the Australian Capital Territory.

(11)

In this section:

core function, in relation to an authority or institution, means a function of the authority or institution other than a secondary or incidental function.

director includes a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, a State or a Territory.

executive officer, in relation to a body corporate, means a person, by whatever name called and whether or not a director of the body, who is concerned in, or takes part in, the management of the body.

officer, in relation to a body corporate, includes a director, secretary, executive officer or employee of the body.

tertiary education institution means:

(a)

a higher education institution (within the meaning of the Student Assistance Act 1973); or

(b)

a technical and further education institution (within the meaning of that Act).

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