Document ID: chunk:federal_register_of_legislation:C2004A00748:clause:1_6c:p1
Version: federal_register_of_legislation:C2004A00748
Segment Type: clause
Provision Reference: sch 1 cl 6C (pt 1/2)
Character Range: 18342–21044

6C  Organisations

What is an organisation?

 (1) In this Act:

organisation means:
 (a) an individual; or
 (b) a body corporate; or
 (c) a partnership; or
 (d) any other unincorporated association; or
 (e) a trust;
that is not a small business operator, a registered political party, an agency, a State or Territory authority or a prescribed instrumentality of a State or Territory.

Note: Regulations may prescribe an instrumentality by reference to one or more classes of instrumentality. See subsection 46(2) of the Acts Interpretation Act 1901.

Example: Regulations may prescribe an instrumentality of a State or Territory that is an incorporated company, society or association and therefore not a State or Territory authority.

Legal person treated as different organisations in different capacities

 (2) A legal person can have a number of different capacities in which the person does things. In each of those capacities, the person is taken to be a different organisation.

Example: In addition to his or her personal capacity, an individual may be the trustee of one or more trusts. In his or her personal capacity, he or she is one organisation. As trustee of each trust, he or she is a different organisation.

What is a State or Territory authority?

 (3) In this Act:

State or Territory authority means:
 (a) a State or Territory Minister; or
 (b) a Department of State of a State or Territory; or
 (c) a body (whether incorporated or not), or a tribunal, established or appointed for a public purpose by or under a law of a State or Territory, other than:
 (i) an incorporated company, society or association; or
 (ii) an association of employers or employees that is registered or recognised under a law of a State or Territory dealing with the resolution of industrial disputes; or
 (d) a body established or appointed, otherwise than by or under a law of a State or Territory, by:
 (i) a Governor of a State; or
 (ii) the Australian Capital Territory Executive; or
 (iii) the Administrator of the Northern Territory; or
 (iv) the Administrator of Norfolk Island; or
 (v) a State or Territory Minister; or
 (vi) a person holding an executive office mentioned in section 12 of the Norfolk Island Act 1979; or
 (e) a person holding or performing the duties of an office established by or under, or an appointment made under, a law of a State or Territory, other than the office of head of a State or Territory Department (however described); or
 (f) a person holding or performing the duties of an appointment made, otherwise than under a law of a State or Territory, by:
 (i) a Governor of a State; or
 (ii) the Australian Capital Territory Executive; or
 (iii) the Administrator