Interpretation
3 Interpretation
In this Act—
associate—see subsection (2);
beneficial interest in property includes a potential beneficial interest in property subject to a discretionary trust;
beneficiary includes a person who is an object of a discretionary trust;
board in relation to a public corporation, means the board of directors of the corporation (also see section 4);
council means a municipal or district council;
debenture has the same meaning as in the Corporations
Act 2001 of the Commonwealth;
director in relation to a public corporation, means a person appointed as a member of the board of the corporation (also see section 4);
dividend means payment out of profit (whether earned in the current or a previous financial year) or payment in the nature of a return of capital;
domestic partner means a person who is a domestic partner within the meaning of the
Family
Relationships Act 1975, whether declared as such under that Act or not;
executive in relation to a public corporation or a subsidiary of a public corporation, means an employee of the corporation or subsidiary who is concerned or takes part in the management of the corporation or subsidiary;
financial year in relation to a public corporation, means—
the period of 12 months ending on 30 June in any year; or
any other period of 12 months prescribed by regulation in relation to the corporation;
incorporating
Act in relation to a statutory corporation or public corporation, means the Act by or under which the corporation is established;
liability includes contingent liability;
managed investment scheme has the same meaning as in the Corporations
Act 2001 of the Commonwealth;
Minister in relation to a public corporation, means the Minister to whom the administration of the corporation's incorporating Act is for the time being committed;
operations of a public corporation or any of its subsidiaries includes, for any purposes specified by regulation, any operations carried out by a specified company or entity or pursuant to a specified trust scheme, partnership, joint venture or other scheme or arrangement and declared by regulation to form part of the operations of the corporation or any of its subsidiaries for those purposes;
public corporation—see section 5(3);
record includes—
information stored or recorded by a computer or any other means; and
a computer tape or disk or any other device on or by which information is stored or recorded;
relative in relation to a person, means the spouse, domestic partner, parent or remoter linear ancestor, son, daughter or remoter issue or brother or sister of the person;
relevant interest has the same meaning as in the Corporations
Act 2001 of the Commonwealth;
remuneration in relation to an office or employment, includes any benefit of pecuniary value attaching to the office or employment;
senior executive in relation to a public corporation or a subsidiary of a public corporation, means an employee of the corporation or subsidiary holding or acting in—
the position of chief executive of the corporation or subsidiary; or
an executive position declared to be a senior executive's position by the corporation's Minister by notice in the Gazette (which notice may be varied or revoked by subsequent notice in the Gazette);
spouse—a person is the spouse of another if they are legally married;
statutory corporation means a body corporate (other than a council or university) that—
is established by or under another Act; and
comprises or includes, or has a governing body that comprises or includes, a
Minister or a person or body appointed by the Governor or a
Minister;
subsidiary in relation to a public corporation, means—
a company that is a subsidiary of the public corporation within the meaning of the Corporations
Act 2001 of the Commonwealth; or
a body corporate established as a subsidiary of the public corporation by regulation under Part
5.
For the purposes of this Act, a person is an associate of another person if—
the other person is a relative of the person or of the person's spouse or domestic partner; or
the other person—
is a body corporate; and
the person or a relative of the person or of the person's spouse or domestic partner has, or two or more such persons together have, a relevant interest or relevant interests in shares in the body corporate the nominal value of which is not less than 10 per cent of the nominal value of the issued share capital of the body corporate;
or
the other person is a trustee of a trust of which the person, a relative of the person or of the person's spouse or domestic partner or a body corporate referred to in paragraph (b) is a beneficiary; or
the person is declared by the regulations to be an associate of the other person.
For the purposes of this Act, in determining whether a company is a subsidiary of a public corporation, any shares held, or powers exercisable by, the corporation or any other body are not to be taken to be held or exercisable in a fiduciary capacity by reason of the fact that the corporation is an instrumentality of the Crown and holds its property on behalf of the Crown.
Note—
For definition of divisional penalties (and divisional expiation fees) see Appendix.
This provision refers to the regulations (prescribed by regulation
, declared by the regulations
). Made under this Act:
- Public Corporations (Adelaide Film Festival) Regulations 2017
- Public Corporations (Distribution Lessor Corporation) Regulations 2025
- Public Corporations (Generation Lessor Corporation) Regulations 2025
4 more instruments made under this Act are listed on the Act’s overview.
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