Document ID: chunk:federal_register_of_legislation:C2022C00286:section:8:p1
Version: federal_register_of_legislation:C2022C00286
Segment Type: section
Provision Reference: s 8 (pt 1/2)
Character Range: 15105–17716

8  Approved authorities
 (1) This section sets out the 2 situations in which an authority or body is an approved authority for the purposes of this Act.

Approved authorities under the Superannuation Act 1990
 (2) An authority or body is an approved authority if:
 (a) the authority or body was, at the end of 30 June 2005, an approved authority for the purposes of the Superannuation Act 1990; and
 (b) the authority or body is not specified in a written declaration made by the Minister under this paragraph.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003.

Ministerial declarations
 (3) The Minister may, by writing, declare that an authority or body is an approved authority for the purposes of this Act, so long as the authority or body is:
 (a) a body corporate incorporated for a public purpose by:
 (i) an Act; or
 (ii) regulations made under an Act; or
 (iii) a law of a Territory; or
 (b) an authority or body (other than a body corporate) established for a public purpose by or under:
 (i) an Act; or
 (ii) regulations made under an Act; or
 (iii) a law of a Territory; or
 (c) a company or other body corporate:
 (i) that is incorporated under an Act or a law of a State or Territory; and
 (ii) in which the Commonwealth has a controlling interest; or
 (d) an authority or body that is wholly or substantially financed (whether directly or indirectly) by money provided by the Commonwealth; or
 (e) a company or other body corporate incorporated under an Act or a law of a State or Territory, where:
 (i) an authority or body covered by paragraph (a), (b), (c) or (d), or that is an approved authority because of subsection (2), has a controlling interest in the company or body; or
 (ii) the Commonwealth and one, or more than one, such authority or body together have a controlling interest in the company or body; or
 (iii) 2 or more such authorities or bodies together have a controlling interest in the company or body.
 (4) The Minister must not declare an authority or body to be an approved authority under subsection (3) if the authority or body is an approved authority because of subsection (2).

Declarations
 (5) A declaration under paragraph (2)(b) or subsection (3) is a legislative instrument.
 (6) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003, section 42 (disallowance) of that Act applies to a declaration under paragraph (2)(b) or subsection (3) of this section.
 (7) A declaration under subsection (3) may be expressed to commence on a day not earlier than 12 months before the making