Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p7
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
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Character Range: 16081–18975

court or tribunal; or

 (b) a Parliamentary Department;

a reference to which this subsection applies has effect in accordance with subsection (18).

  "(17) Subsection (16) applies to the following references:

    (a) a reference in any of the following provisions to the responsible Minister:

      (i) paragraph 8(7A)(b);

      (ii) subsections 8(8) and (9);

      (iii) paragraph 8(10)(c);

      (iv) subsection 11A(5);

      (v) subparagraph 35(3)(b)(i);

    (b) the reference in paragraph 8(10)(a) to the Minister administering a Department;

 (c) the reference in subsection 15(6) to the Minister concerned.

"(18) A reference to which subsection (16) applies is to be read as follows:

  (a) in the case of the chief executive officer of a court, the reference is to be read as a reference to the chief justice or chief judge (however described) of the court;

  (b) in the case of the Registrar of the Administrative Appeals Tribunal, the reference is to be read as a reference to the President of the Administrative Appeals Tribunal;

  (c) in the case of the chief executive officer of a tribunal other than the Administrative Appeals Tribunal, the reference is to be read as a reference to the president or principal member (however described) of the tribunal or, if the tribunal consists of a single member, as a reference to that member;

  (d) in the case of the Department of the Senate, the reference is to be read as a reference to the President of the Senate;

  (e) in the case of the Department of the House of Representatives, the reference is to be read as a reference to the Speaker;

  (f) in the case of any other Parliamentary Department, the reference is to be read as a reference to the President of the Senate and the Speaker.".

(2) On the day on which the Public Service (Parliamentary Departments) Amendment Act 1994 comes into operation, section 3 of the Principal Act, as amended by this Act, is further amended by omitting from subsection (1) the definition of "Parliamentary Department" and substituting the following definition:

" 'Parliamentary Department' means:

  (a) the Department of the Senate; or

  (b) the Department of the House of Representatives; or

  (c) the Department of Parliamentary Library and Reporting Services; or

  (d) the Joint House Department;".

  19. After section 3 of the Principal Act the following section is inserted:

Prescribed authorities: Commonwealth-controlled companies

"3AB.(1) A Commonwealth-controlled company is a prescribed authority unless:

  (a) it is excluded by subsection (2); or

  (b) under the regulations it is to be taken not to be a prescribed authority.

"(2) Subject to subsection (3), a Commonwealth-controlled company is excluded for the purposes of paragraph (1)(a) if:

     (a) the company was a Commonwealth-controlled company immediately before the commencement of Part 6 of the