18Meaning of entity of a public nature

18 Meaning of entity of a public nature entity of a public nature means an entity whose functions are, or include, functions of a public nature, when it is exercising those functions (whether under contract or otherwise) for— (a) the Territory; or (b) an ACT public service entity; or (c) a Legislative Assembly entity. Note A reference to an entity includes a reference to a person exercising a function of the entity, whether under a delegation, subdelegation or otherwise (see Legislation Act, s 184A (1)). (2) In deciding whether a function of an entity is a function of a public nature, the following matters may be considered: (a) whether the function is conferred on the entity under a territory law; (b) whether the function is connected to or generally identified with functions of government; (c) whether the function is of a regulatory nature; (d) whether the entity is publicly funded to perform the function; (e) whether the entity exercising the function is a company (within the meaning of the Corporations Act) the majority of the shares in which are held by or for the Territory. (3) Subsection (2) does not limit the matters that may be considered in deciding whether a function is of a public nature. (4) Without limiting subsection (2) or (3), the following functions are taken to be of a public nature: (a) the operation of detention places and correctional centres;

(b) the provision of any of the following services: (i) gas, electricity and water supply; (ii) emergency services; (iii) public health services; (iv) public education; (v) public transport; (vi) public housing.

Commission—establishment, independence and functions Part 2.1 Part 2.1 Commission—establishment, independence and functions 19 Establishment of commission The ACT Integrity Commission is established. 20 Constitution of commission The commission consists of the commissioner. 21 Commissioner—officer of the Legislative Assembly (1) The commissioner is an independent officer of the Legislative Assembly. (2) The functions, powers, rights, immunities and obligations of the commissioner are as stated in this Act and any other law in force in the Territory. Note A law in force in the Territory includes a territory law and a Commonwealth law. (3) There are no implied functions, powers, rights, immunities or obligations arising from the commissioner being an independent officer of the Legislative Assembly. (4) The powers of the Legislative Assembly to act in relation to the commissioner are as stated in this Act and any other law in force in the Territory. (5) In subsection (4): Legislative Assembly includes— (a) the members of the Legislative Assembly; and (b) the committees of the Legislative Assembly.