Meaning of officer
4A Meaning of officer
In this Act —
officer —
means —
an officer within the meaning of the Corporations Act 2001 (Commonwealth) section 9 other than a partner in a partnership; or
an officer of the Crown within the meaning of subsection (2); or
an officer of a public corporation within the meaning of subsection (3);
but
does not include —
the Governor acting in that capacity; or
a Minister of a State or Territory, or of the Commonwealth, acting in that capacity; or
a local government member.
Each of the following persons is taken to be an officer of the Crown for the purposes of this Act —
in relation to the business or undertaking of a body corporate that is an agent of the Crown, any person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking;
in relation to the business or undertaking of a Crown agency, the chief executive;
in relation to the business or undertaking of a Crown agency, any person (other than the chief executive) —
who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking; and
who is, within the organisational structure of the Crown agency, directly responsible to the chief executive.
A person who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business or undertaking of a public corporation is taken to be an officer of the public corporation for the purposes of this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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