sec.16ADeclaration of entities to be public authorities

### sec.16A Declaration of entities to be public authorities An entity may be declared by regulation to be a public authority for this Act. The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) declaring an entity to be a public authority for this Act only if the Minister— is satisfied the entity— is supported directly or indirectly by government funds or other government assistance; or is an entity over which government is in a position to exercise control; or is established under an Act; or is given public functions under an Act; and considers it is in the public interest for the entity to be declared as a public authority for this Act. In deciding whether it would be in the public interest for the entity to be declared as a public authority for this Act, the Minister may have regard to each of the following matters— if the entity is a company, whether it is a company limited by shares; the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover; the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government; the extent to which functions of the entity have previously been performed by government; the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the Auditor-General or Crime and Corruption Commission; any other relevant matter. Also, for subsection (1) , an entity may be declared by regulation to be a public authority for this Act in relation to only a part of the entity’s functions. s 16A ins 2023 No. 32 s 85 (sec.16A-ssec.1) An entity may be declared by regulation to be a public authority for this Act. (sec.16A-ssec.2) The Minister may recommend to the Governor in Council the making of a regulation under subsection (1) declaring an entity to be a public authority for this Act only if the Minister— is satisfied the entity— is supported directly or indirectly by government funds or other government assistance; or is an entity over which government is in a position to exercise control; or is established under an Act; or is given public functions under an Act; and considers it is in the public interest for the entity to be declared as a public authority for this Act. (sec.16A-ssec.3) In deciding whether it would be in the public interest for the entity to be declared as a public authority for this Act, the Minister may have regard to each of the following matters— if the entity is a company, whether it is a company limited by shares; the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover; the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government; the extent to which functions of the entity have previously been performed by government; the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the Auditor-General or Crime and Corruption Commission; any other relevant matter. (sec.16A-ssec.4) Also, for subsection (1) , an entity may be declared by regulation to be a public authority for this Act in relation to only a part of the entity’s functions. - (a) is satisfied the entity— (i) is supported directly or indirectly by government funds or other government assistance; or (ii) is an entity over which government is in a position to exercise control; or (iii) is established under an Act; or (iv) is given public functions under an Act; and - (i) is supported directly or indirectly by government funds or other government assistance; or - (ii) is an entity over which government is in a position to exercise control; or - (iii) is established under an Act; or - (iv) is given public functions under an Act; and - (b) considers it is in the public interest for the entity to be declared as a public authority for this Act. - (i) is supported directly or indirectly by government funds or other government assistance; or - (ii) is an entity over which government is in a position to exercise control; or - (iii) is established under an Act; or - (iv) is given public functions under an Act; and - (a) if the entity is a company, whether it is a company limited by shares; - (b) the size of the entity, having regard to the number of the entity’s employees or the entity’s turnover; - (c) the purpose of the entity, including whether it is performing functions that are generally identified with the functions of government; - (d) the extent to which functions of the entity have previously been performed by government; - (e) the extent to which the entity has been the subject of an adverse comment by a regulatory or investigatory body such as the Auditor-General or Crime and Corruption Commission; - (f) any other relevant matter.