sec.9Meaning of public entity

### sec.9 Meaning of public entity Each of the following entities is a public entity — a government entity within the meaning of the Public Sector Act 2022 , section 276 ; a public service employee; the Queensland Police Service; a local government, a councillor of a local government or a local government employee; a Minister; an entity established under an Act when the entity is performing functions of a public nature; a member of a portfolio committee when the committee is acting in an administrative capacity; an entity whose functions are, or include, functions of a public nature when it is performing the functions for the State or a public entity (whether under contract or otherwise); A non-State school is not a public entity merely because it performs functions of a public nature in educating students because it is not doing so for the State. a person, not otherwise mentioned in paragraphs (a) to (h) , who is a staff member or executive officer (however called) of a public entity; an entity prescribed by regulation to be a public entity. A public entity includes— a registered provider when the provider is performing functions of a public nature in the State; and a non-State police officer, under the Police Service Administration Act 1990 , section 5.17 , while the officer— is appointed as a special constable under section 5.16 (1) of that Act; or is authorised under section 5.17 (2) of that Act to exercise the powers of a police officer; or is exercising a power under another law of the State. Also, a public entity includes an entity for which a declaration is in force under section 60 . However, a public entity does not include— the Legislative Assembly or a person performing functions in connection with proceedings in the Assembly, except when acting in an administrative capacity; or a court or tribunal, except when acting in an administrative capacity; or an entity prescribed by regulation not to be a public entity. In this section— entity means an entity in and for Queensland. registered provider means a registered provider of supports or a registered NDIS provider under the National Disability Insurance Scheme Act 2013 (Cwlth) . s 9 amd 2022 No. 34 s 365 sch 3 (sec.9-ssec.1) Each of the following entities is a public entity — a government entity within the meaning of the Public Sector Act 2022 , section 276 ; a public service employee; the Queensland Police Service; a local government, a councillor of a local government or a local government employee; a Minister; an entity established under an Act when the entity is performing functions of a public nature; a member of a portfolio committee when the committee is acting in an administrative capacity; an entity whose functions are, or include, functions of a public nature when it is performing the functions for the State or a public entity (whether under contract or otherwise); A non-State school is not a public entity merely because it performs functions of a public nature in educating students because it is not doing so for the State. a person, not otherwise mentioned in paragraphs (a) to (h) , who is a staff member or executive officer (however called) of a public entity; an entity prescribed by regulation to be a public entity. (sec.9-ssec.2) A public entity includes— a registered provider when the provider is performing functions of a public nature in the State; and a non-State police officer, under the Police Service Administration Act 1990 , section 5.17 , while the officer— is appointed as a special constable under section 5.16 (1) of that Act; or is authorised under section 5.17 (2) of that Act to exercise the powers of a police officer; or is exercising a power under another law of the State. (sec.9-ssec.3) Also, a public entity includes an entity for which a declaration is in force under section 60 . (sec.9-ssec.4) However, a public entity does not include— the Legislative Assembly or a person performing functions in connection with proceedings in the Assembly, except when acting in an administrative capacity; or a court or tribunal, except when acting in an administrative capacity; or an entity prescribed by regulation not to be a public entity. (sec.9-ssec.5) In this section— entity means an entity in and for Queensland. registered provider means a registered provider of supports or a registered NDIS provider under the National Disability Insurance Scheme Act 2013 (Cwlth) . - (a) a government entity within the meaning of the Public Sector Act 2022 , section 276 ; - (b) a public service employee; - (c) the Queensland Police Service; - (d) a local government, a councillor of a local government or a local government employee; - (e) a Minister; - (f) an entity established under an Act when the entity is performing functions of a public nature; - (g) a member of a portfolio committee when the committee is acting in an administrative capacity; - (h) an entity whose functions are, or include, functions of a public nature when it is performing the functions for the State or a public entity (whether under contract or otherwise); Example of an entity not performing functions of a public nature for the State— A non-State school is not a public entity merely because it performs functions of a public nature in educating students because it is not doing so for the State. - (i) a person, not otherwise mentioned in paragraphs (a) to (h) , who is a staff member or executive officer (however called) of a public entity; - (j) an entity prescribed by regulation to be a public entity. - (a) a registered provider when the provider is performing functions of a public nature in the State; and - (b) a non-State police officer, under the Police Service Administration Act 1990 , section 5.17 , while the officer— (i) is appointed as a special constable under section 5.16 (1) of that Act; or (ii) is authorised under section 5.17 (2) of that Act to exercise the powers of a police officer; or (iii) is exercising a power under another law of the State. - (i) is appointed as a special constable under section 5.16 (1) of that Act; or - (ii) is authorised under section 5.17 (2) of that Act to exercise the powers of a police officer; or - (iii) is exercising a power under another law of the State. - (i) is appointed as a special constable under section 5.16 (1) of that Act; or - (ii) is authorised under section 5.17 (2) of that Act to exercise the powers of a police officer; or - (iii) is exercising a power under another law of the State. - (a) the Legislative Assembly or a person performing functions in connection with proceedings in the Assembly, except when acting in an administrative capacity; or - (b) a court or tribunal, except when acting in an administrative capacity; or - (c) an entity prescribed by regulation not to be a public entity.