Document ID: chunk:federal_register_of_legislation:C2004A02018:body:0:p22
Version: federal_register_of_legislation:C2004A02018
Segment Type: other
Provision Reference: 
Character Range: 52932–55887

on by persons employed in offices or appointments in, or as members of, the Australian Navy by virtue of their employment) shall be deemed to be carried on by the Department of Defence;
      (b) operations carried on by persons employed under section 10 of the Supply and Development Act 1939 by virtue of their employment shall be deemed to be carried on by the Department of Productivity;
      (c) operations carried on by Trade Commissioners and Assistant Trade Commissioners of the Commonwealth by virtue of their appointments shall be deemed to be carried on by the Department of Trade and Resources; and
      (d) the Auditor-General's Office shall be deemed not to form part of a Department.

Public authorities of the Commonwealth
"48b. (1) Subject to this section, where—
      (a) the accounts and records of financial transactions of an authority or other body established for a public purpose by, or in accordance with the provisions of, an enactment are audited by the Auditor-General, whether in pursuance of an enactment or otherwise; or

      (b) the staff required for the purposes of an authority or other body so established are persons employed under the Public Service Act 1922,
the authority or other body is a public authority of the Commonwealth for the purposes of this Division.
"(2) Sub-section (1) does not apply to an unincorporated body, being a Board, Council, Committee, Sub-Committee or other body established for the purpose of assisting, or performing functions connected with, a Department or public authority of the Commonwealth, but the operations of the Board, Council, Committee, Sub-Committee or other body shall, for the purposes of this Division, be deemed to be the operations of that Department or public authority of the Commonwealth.
"(3) Subject to this section, a person—
      (a) holding, or performing the duties of, an office or appointment established by an enactment (not being an office in the Australian Public Service); or
      (b) holding, or performing the duties of, an appointment, being an appointment made by the Governor-General, or by a Minister, otherwise than under an enactment,
is a public authority of the Commonwealth for the purposes of this Division.
"(4) Sub-section (3) does not apply to—
      (a) a person who holds an office of—
          (i) Minister of State of the Commonwealth;
          (ii) Justice or Judge of a Court created by the Parliament;
          (iii) President, Deputy President or Commissioner of the Commonwealth Conciliation and Arbitration Commission;
          (iv) Public Service Arbitrator or Deputy Public Service Arbitrator;
          (v) President, Deputy President or other member of the Administrative Appeals Tribunal;
          (vi) magistrate or coroner of the Australian Capital Territory; or
          (vii) member of the Australian Capital Territory Legislative Assembly or member of the Legislative Assembly for the Northern Territory;