sec.5Act applies to statutory bodies

### sec.5 Act applies to statutory bodies This Act applies to statutory bodies. Part 2A sets out whether an entity is a statutory body. An entity that is a statutory body within the meaning of another Act, for example, the Financial Accountability Act 2009 , is not necessarily a statutory body under this Act. A statutory body is an entity established under an Act that— has control of funds and consists of only 1 person appointed under an Act; or has control of funds and has, or may have, at least 1 member appointed under an Act; or has funds, or from time to time may have funds, and even though it does not have any members appointed under an Act, its decisions are made, or its funds are controlled, by— another person appointed under the same Act; or another entity established under the same Act that has, or may have, at least 1 member who is appointed under the Act ; or is a corporation sole constituted by a Minister, or the chief executive or an officer of a department; or is a local government; or is declared under the Act to be a statutory body for this Act. A regulation may declare an entity to be a statutory body. In this section— appointed under an Act , in relation to a person or member, means— a person or member, who is appointed under an Act; or a person or member, whose appointment is confirmed by the Governor in Council or a Minister under an Act. s 5 prev s 5 om 1988 No. 55 s 8 pres s 5 ins 1996 No. 54 s 5 amd 2009 No. 9 s 136 sch 1 (sec.5-ssec.1) This Act applies to statutory bodies. Part 2A sets out whether an entity is a statutory body. An entity that is a statutory body within the meaning of another Act, for example, the Financial Accountability Act 2009 , is not necessarily a statutory body under this Act. (sec.5-ssec.2) A statutory body is an entity established under an Act that— has control of funds and consists of only 1 person appointed under an Act; or has control of funds and has, or may have, at least 1 member appointed under an Act; or has funds, or from time to time may have funds, and even though it does not have any members appointed under an Act, its decisions are made, or its funds are controlled, by— another person appointed under the same Act; or another entity established under the same Act that has, or may have, at least 1 member who is appointed under the Act ; or is a corporation sole constituted by a Minister, or the chief executive or an officer of a department; or is a local government; or is declared under the Act to be a statutory body for this Act. (sec.5-ssec.3) A regulation may declare an entity to be a statutory body. (sec.5-ssec.4) In this section— appointed under an Act , in relation to a person or member, means— a person or member, who is appointed under an Act; or a person or member, whose appointment is confirmed by the Governor in Council or a Minister under an Act. - (a) has control of funds and consists of only 1 person appointed under an Act; or - (b) has control of funds and has, or may have, at least 1 member appointed under an Act; or - (c) has funds, or from time to time may have funds, and even though it does not have any members appointed under an Act, its decisions are made, or its funds are controlled, by— (i) another person appointed under the same Act; or (ii) another entity established under the same Act that has, or may have, at least 1 member who is appointed under the Act ; or - (i) another person appointed under the same Act; or - (ii) another entity established under the same Act that has, or may have, at least 1 member who is appointed under the Act ; or - (d) is a corporation sole constituted by a Minister, or the chief executive or an officer of a department; or - (e) is a local government; or - (f) is declared under the Act to be a statutory body for this Act. - (i) another person appointed under the same Act; or - (ii) another entity established under the same Act that has, or may have, at least 1 member who is appointed under the Act ; or - (a) a person or member, who is appointed under an Act; or - (b) a person or member, whose appointment is confirmed by the Governor in Council or a Minister under an Act.