5What are public entities?

5 What are public entities?

(1) For the purposes of this Act a public entity is a body, whether corporate or unincorporated—

(a) that is established—

(i) by or under an Act (other than a private Act) or the Corporations Act; or

(ii) by the Governor in Council; or

(iii) by a Minister; and

S. 5(1)(b) amended by No. 80/2006 s. 7(1).

(b) in the case of a body corporate, the right to appoint at least one half of the directors of which is vested in the Governor in Council or a Minister or could have been so vested in the case of a body corporate established by an Order made by the Governor in Council or a Minister under the power given by the Act under which the Order is made; and

(c) that has a public function to exercise on behalf of the State or is wholly owned by the State; and

(d) in the case of a body that does not have any function to exercise other than the provision of advice or a report to any person or body—

(i) has written terms of reference guiding its operation; and

(ii) is required to provide the advice or report to a Minister or the Government; and

(iii) is declared to be a public entity for the purposes of this Act—

(A) by the Act or subordinate instrument or other document under which it is established; or

(B) by an Order under subsection (3)—

but does not include—

S. 5(1)(da) inserted by No. 80/2006 s. 7(2).

(da) a Department or an Administrative Office; or

(e) an exempt body; or

(f) a special body in its capacity as a special body; or

S. 5(1)(fa) inserted by No. 67/2014 s. 139.

(fa) a Royal Commission, Board of Inquiry or Formal Review; or

S. 5(1)(g) amended by No. 79/2008 s. 21.

(g) a registered community health centre within the meaning of the Health Services Act 1988 or a body that provides aged care services that is, or is capable of being, registered under that Act; or

(h) a body, or a class of body, that is declared by an Order under subsection (2) not to be a public entity for the purposes of this Act.

S. 5(1A) inserted by No. 20/2005 s. 48.

(1A) To avoid doubt and without limiting subsection (1), the following are public entities for the purposes of this Act—

S. 5(1A)(a) substituted by Nos 24/2006 s. 6.1.2(Sch. 7 item 33.2(a)), 58/2007 s. 54(1), amended by Nos 76/2013 s. 26, 31/2018 s. 72(1)(a).

(a) a TAFE institute within the meaning of the Education and Training Reform Act 2006;