Document ID: chunk:federal_register_of_legislation:C2004A04709:body:0:p8
Version: federal_register_of_legislation:C2004A04709
Segment Type: other
Provision Reference: 
Character Range: 18703–21561

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 Prime Minister and Cabinet (Miscellaneous Provisions) Act 1994; and

     (b) immediately before that commencement the company was not a prescribed authority for the purposes of this Act as then in force.

"(3) A Commonwealth-controlled company that, but for this subsection, would be excluded by subsection (2) is not so excluded if the regulations declare that the company is to be taken to be a prescribed authority.".

Establishment of offices of Ombudsman and Deputy Ombudsman

20. Section 4 of the Principal Act is amended by omitting paragraph (1)(b) and substituting the following paragraph:

     "(b) at least one, and not more than 3, Deputy Commonwealth Ombudsmen.".

Functions of Ombudsman

  21. Section 5 of the Principal Act is amended:

     (a) by adding at the end of subsection (1) the following word and paragraph:

        "and (c) with the consent of the Minister, may enter into an arrangement under which the Ombudsman will perform functions of an ombudsman under an ombudsman scheme established in accordance with the conditions of licences or authorities granted under an enactment.";

  (b) by inserting in subsection (2) after paragraph (a) the following paragraph:

        "(aa) action that constitutes proceedings in Parliament for the purposes of section 16 of the Parliamentary Privileges Act 1987;";

  (c) by inserting in subsection (2) after paragraph (b) the following paragraph:

        "(ba) action by the chief executive officer of a court or by a person who, for the purposes of this Act, is to be taken to be a member of the staff of the chief executive officer of a court:

           (i) when exercising a power of the court; or

           (ii) when performing a function, or exercising a power, of a judicial nature;";

(d) by adding at the end the following subsections:

  "(5) The Ombudsman is not authorised to investigate action taken under:

      (a) a law of Western Australia in its application in the Territory of Christmas Island by virtue of the Christmas Island Act 1958; or

      (b) a law of Western Australia in its application in the Territory of Cocos (Keeling) Islands by virtue of the Cocos (Keeling) Islands Act 1955;

  by a person employed by Western Australia.

  "(6) The reference in subsection (5) to a person employed by Western Australia includes a reference to:

      (a) a person occupying, or acting in, an office or position under a law of Western Australia; and

      (b) a person employed by a body established by or under a law of Western Australia.

  "(7) An arrangement referred to in paragraph