sec.96Meaning of constructing authority for works

### sec.96 Meaning of constructing authority for works An entity is a constructing authority for works if the entity is the State or a department. An entity is also a constructing authority for works if— the entity is established under an Act, or under State or local government authorisation, for a public, State or local government purpose; and the works are funded from— the consolidated fund; or the proceeds of a financial arrangement within the meaning of the Statutory Bodies Financial Arrangements Act 1982 . In addition, a GOC or the Authority is a constructing authority for works if the works are undertaken specifically or substantially for a community service obligation of the GOC or the Authority. Also, an entity (a commercial entity ) is a constructing authority for works if, under an agreement for the works— the State or another entity representing the State— has, or will or may have, a financial liability or interest; or has granted, or will or may grant land, or an interest in land or another right, privilege, monopoly, concession, franchise or interest; or has contributed, or will or may contribute, resources of any kind; and the works have become, or will or may become, the absolute property of the State or another entity representing the State. A GOC or the Authority is a constructing authority for major works referred to a portfolio committee by the Assembly. s 96 (prev s 97) amd 2011 No. 15 s 33 renum 2011 No. 15 s 39 amd 2013 No. 19 s 120 sch 1 (sec.96-ssec.1) An entity is a constructing authority for works if the entity is the State or a department. (sec.96-ssec.2) An entity is also a constructing authority for works if— the entity is established under an Act, or under State or local government authorisation, for a public, State or local government purpose; and the works are funded from— the consolidated fund; or the proceeds of a financial arrangement within the meaning of the Statutory Bodies Financial Arrangements Act 1982 . (sec.96-ssec.3) In addition, a GOC or the Authority is a constructing authority for works if the works are undertaken specifically or substantially for a community service obligation of the GOC or the Authority. (sec.96-ssec.4) Also, an entity (a commercial entity ) is a constructing authority for works if, under an agreement for the works— the State or another entity representing the State— has, or will or may have, a financial liability or interest; or has granted, or will or may grant land, or an interest in land or another right, privilege, monopoly, concession, franchise or interest; or has contributed, or will or may contribute, resources of any kind; and the works have become, or will or may become, the absolute property of the State or another entity representing the State. (sec.96-ssec.5) A GOC or the Authority is a constructing authority for major works referred to a portfolio committee by the Assembly. - (a) the entity is established under an Act, or under State or local government authorisation, for a public, State or local government purpose; and - (b) the works are funded from— (i) the consolidated fund; or (ii) the proceeds of a financial arrangement within the meaning of the Statutory Bodies Financial Arrangements Act 1982 . - (i) the consolidated fund; or - (ii) the proceeds of a financial arrangement within the meaning of the Statutory Bodies Financial Arrangements Act 1982 . - (i) the consolidated fund; or - (ii) the proceeds of a financial arrangement within the meaning of the Statutory Bodies Financial Arrangements Act 1982 . - (a) the State or another entity representing the State— (i) has, or will or may have, a financial liability or interest; or (ii) has granted, or will or may grant land, or an interest in land or another right, privilege, monopoly, concession, franchise or interest; or (iii) has contributed, or will or may contribute, resources of any kind; and - (i) has, or will or may have, a financial liability or interest; or - (ii) has granted, or will or may grant land, or an interest in land or another right, privilege, monopoly, concession, franchise or interest; or - (iii) has contributed, or will or may contribute, resources of any kind; and - (b) the works have become, or will or may become, the absolute property of the State or another entity representing the State. - (i) has, or will or may have, a financial liability or interest; or - (ii) has granted, or will or may grant land, or an interest in land or another right, privilege, monopoly, concession, franchise or interest; or - (iii) has contributed, or will or may contribute, resources of any kind; and