Government Information (Public Access) Act 2009

The regulations may declare a person or entity that is not otherwise an agency to be an agency (a deemed agency) for the purposes of all or specified provisions of this Act and the Government Information (Information Commissioner) Act 2009 in relation to all or specified agency functions of the person or entity.

A function of a person or entity is an agency function if it is—

a function of a kind that is or was ordinarily exercised by an agency, or

a function of an agency that the person or entity is exercising pursuant to a contract or other arrangement with the agency.

A deemed agency is an agency only in respect of information that relates to the exercise by the deemed agency of the agency functions in respect of which it is declared to be an agency and only while the deemed agency exercises those functions (or for such shorter period as may be provided by the regulations).

A regulation under this clause may provide that information relating to any specified function of a deemed agency is excluded information of the agency under this Act.

The regulations under clause 6 may also declare that a deemed agency is not to be regarded as a separate agency and instead is to be regarded for the purposes of this Act as part of and included in another specified agency.

The Minister must, before recommending the making of a regulation under this clause, consult with the person or entity concerned and with any agency with which the person or entity has a contract or other arrangement for the exercise of the functions concerned.