Meaning of public authority
21 Meaning of public authority
In this Act, public authority means any of the following entities—
Note—
Under the Acts
Interpretation Act 1954, schedule 1—
entity includes a person and an unincorporated body.
an entity—
established for a public purpose by an Act; or
established by government under an Act for a public purpose, whether or not the public purpose is stated in the Act;
an entity created by the Governor in Council or a Minister;
another entity declared by regulation to be a public authority for this Act, being an entity—
supported directly or indirectly by government funds or other government assistance; or
over which government is in a position to exercise control; or
established under an Act;
or
given public functions under an Act;
subject to subsection (4), a person holding an office established under an
Act;
a person holding an appointment—
made by the Governor in
Council or Minister otherwise than under an Act;
and
declared by regulation to be an appointment the holder of which is a public authority for this Act.
For subsection (1)(c), an entity may be declared by regulation to be a public authority for this Act in relation to only a part of the entity’s functions.
A prescribed entity is not a public authority in relation to documents received, or created, by it in performing a function other than the public function given under an Act.
A person is not a public authority merely because the person holds—
an office the duties of which are performed as duties of employment as an agency’s officer; or
an office of member of a body;
or
an office established under an Act for the purposes of an agency.
In this section—
prescribed entity means an entity that is a public authority only because it is given public functions under an Act and is declared by regulation to be a public authority for this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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