4Meaning of corporation

4 Meaning of corporation

(1) In this instrument, corporation includes the following: (a) a company; (b) a body corporate; (c) an unincorporated body that, under the law of the place where the body is formed, may: (i) sue or be sued; or (ii) hold property in the name of the secretary of the body or an office holder of the body appointed for that purpose; (d) a public authority; (e) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006; (f) a trade union. (2) However, corporation does not include the following: (a) a corporation sole that is not a public authority; (b) a small business; (c) an unincorporated not‑for‑profit association. (3) For paragraphs (1)(d) and (2)(a), each of the following is a public authority: (a) a body or authority of the Commonwealth or of a State or Territory, including the following: (i) a Department of the Commonwealth or of a State or Territory; (ii) a Department of the Parliament established under the Parliamentary Service Act 1999, a Department of the Parliament of a State or a Department of the legislature of a Territory; (iii) any other non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013; (b) a person representing a body or authority of the Commonwealth or of a State or Territory; (c) a Minister for the Commonwealth or for a State or Territory; (d) a statutory office holder. (4) For paragraph (2)(b), a small business is a business with: (a) no more than 19 employees; and (b) a total turnover of less than $2 million each year. (5) For paragraph (2)(c), a not‑for‑profit association is a society, club, institution or body that is not formed for the purpose of trading or securing pecuniary profit from its transactions for its members. (6) A corporation is not required to be subject to the Corporations Act 2001 to be a corporation for the purposes of this instrument.