sec.16Meaning of public authority

### sec.16 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 to be a public authority for this Act under section 16A ; a rail government entity under the Transport Infrastructure Act 1994 ; subject to subsection (3) , 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. A prescribed entity is not a public authority in relation to documents received, or created, by it in performing a function other than a 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 under section 16A to be a public authority for this Act. s 16 amd 2013 No. 19 s 120 sch 1 ; 2013 No. 39 s 110 (1) sch 3 pt 1 ; 2023 No. 32 s 84 (sec.16-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 to be a public authority for this Act under section 16A ; a rail government entity under the Transport Infrastructure Act 1994 ; subject to subsection (3) , 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.16-ssec.2) A prescribed entity is not a public authority in relation to documents received, or created, by it in performing a function other than a public function given under an Act. (sec.16-ssec.3) 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.16-ssec.4) 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 under section 16A 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 to be a public authority for this Act under section 16A ; - (ca) a rail government entity under the Transport Infrastructure Act 1994 ; - (d) subject to subsection (3) , 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) 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.