Document ID: chunk:federal_register_of_legislation:C2024C00613:section:109
Version: federal_register_of_legislation:C2024C00613
Segment Type: section
Provision Reference: s 109
Character Range: 235224–236539

109  What is a Commonwealth institution?
 (1) An institution is a Commonwealth institution if:
 (a) it is or was part of the Commonwealth; or
 (b) it is or was a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); or
 (c) it is or was a wholly‑owned Commonwealth company; or
 (d) it is or was a body (whether or not incorporated) established by or under a law of the Commonwealth; or
 (e) the rules prescribe that it is a Commonwealth institution.
 (2) However, an institution is not a Commonwealth institution if:
 (a) it is a body politic that is a participating Territory, or is or was part of a body politic that is a participating Territory; or
 (b) it is or was a body corporate (other than a wholly‑owned Commonwealth company) that is or was registered under the Corporations Act 2001 (including a body corporate taken to be registered under that Act because of the operation of Chapter 10 of that Act (which is about transitional provisions)); or
 (c) the rules prescribe that it is not a Commonwealth institution.
 (3) Rules made for the purposes of paragraph (1)(e) or (2)(c) may prescribe that an institution is, or is not, a Commonwealth institution in relation to a period specified by the rules.

Subdivision C—Participating State institutions