6Legal personality and responsibilities of agency head

6 Legal personality and responsibilities of agency head

6 Legal personality and responsibilities of agency head

(1) If this Act confers or imposes a function on an agency or entity that the agency or entity is incapable of exercising merely because the agency or entity is not a person, the function is taken to be conferred or imposed on the head of the agency or entity.

Note.

The Interpretation Act 1987 defines person to include an individual, a corporation and a body corporate or politic.

(2) Without limiting subsection (1), the head of an agency is responsible for ensuring the agency complies with this Act and the agency’s public interest disclosure policy.

(3) Subsection (2) applies—

(a) whether or not the agency is a person, and

(b) whether or not the agency’s functions under this Act are exercised by a person who is not the head of the agency.

Note.

See also sections 80 and 81.

s 6: Am 2023 No 7, Sch 3.23.