sec.21Meaning of public authority

### sec.21 Meaning of public authority In this Act, public authority means any of the following entities— 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 by regulation to be a public authority for this Act, being an entity— supported directly or indirectly by government funds or other government assistance; or over which government is in a position to exercise control; or established under an Act; or given public functions under an Act; subject to subsection (4) , 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. For subsection (1) (c) , an entity may be declared by regulation to be a public authority for this Act in relation to only a part of the entity’s functions. A prescribed entity is not a public authority in relation to documents received, or created, by it in performing a function other than the 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 by regulation to be a public authority for this Act. s 21 amd 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2023 No. 32 s 19 (sec.21-ssec.1) In this Act, public authority means any of the following entities— 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 by regulation to be a public authority for this Act, being an entity— supported directly or indirectly by government funds or other government assistance; or over which government is in a position to exercise control; or established under an Act; or given public functions under an Act; subject to subsection (4) , 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. (sec.21-ssec.2) For subsection (1) (c) , an entity may be declared by regulation to be a public authority for this Act in relation to only a part of the entity’s functions. (sec.21-ssec.3) A prescribed entity is not a public authority in relation to documents received, or created, by it in performing a function other than the public function given under an Act. (sec.21-ssec.4) 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. (sec.21-ssec.5) 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 by regulation to be a public authority for this Act. - (a) an entity— (i) established for a public purpose by an Act; or (ii) established by government under an Act for a public purpose, whether or not the public purpose is stated in the Act ; - (i) established for a public purpose by an Act; or - (ii) established by government under an Act for a public purpose, whether or not the public purpose is stated in the Act ; - (b) an entity created by the Governor in Council or a Minister; - (c) another entity declared by regulation to be a public authority for this Act, being an entity— (i) supported directly or indirectly by government funds or other government assistance; or (ii) over which government is in a position to exercise control; or (iii) established under an Act; or (iv) given public functions under an Act; - (i) supported directly or indirectly by government funds or other government assistance; or - (ii) over which government is in a position to exercise control; or - (iii) established under an Act; or - (iv) given public functions under an Act; - (d) subject to subsection (4) , a person holding an office established under an Act; - (e) a person holding an appointment— (i) made by the Governor in Council or Minister otherwise than under an Act; and (ii) declared by regulation to be an appointment the holder of which is a public authority for this Act. - (i) made by the Governor in Council or Minister otherwise than under an Act; and - (ii) declared by regulation to be an appointment the holder of which is a public authority for this Act. - (i) established for a public purpose by an Act; or - (ii) established by government under an Act for a public purpose, whether or not the public purpose is stated in the Act ; - (i) supported directly or indirectly by government funds or other government assistance; or - (ii) over which government is in a position to exercise control; or - (iii) established under an Act; or - (iv) given public functions under an Act; - (i) made by the Governor in Council or Minister otherwise than under an Act; and - (ii) declared by regulation to be an appointment the holder of which is a public authority for this Act. - (a) an office the duties of which are performed as duties of employment as an agency’s officer; or - (b) an office of member of a body; or - (c) an office established under an Act for the purposes of an agency.