Meaning of public authority
16 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 to be a public authority for this Act under section 16A;
a rail government entity under the
Transport
Infrastructure Act 1994;
subject to subsection (3), 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.
A prescribed entity is not a public authority in relation to documents received, or created, by it in performing a function other than a 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 under section 16A to be a public authority for this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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