Document ID: chunk:federal_register_of_legislation:C2014C00491:section:4
Version: federal_register_of_legislation:C2014C00491
Segment Type: section
Provision Reference: s 4
Character Range: 7709–9408

4  Declarations—Commonwealth authorities

Body corporate is a Commonwealth authority
 (1) The Minister may, by written instrument, declare that a body corporate is, from the time that the instrument is made, a Commonwealth authority for the purposes of this Act if, at that time:
 (a) the body corporate is incorporated under a law of the Commonwealth or of a State or Territory; and
 (b) either:
 (i) the Commonwealth; or
 (ii) a body corporate that is established for a public purpose by a law of the Commonwealth or of a Territory (other than the Australian Capital Territory, the Northern Territory or Norfolk Island) that is not a general law allowing incorporation as a company or body corporate;
  has a substantial interest (within the meaning of the Safety, Rehabilitation and Compensation Act 1988) in the body corporate.
Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.

Body corporate is not a Commonwealth authority
 (2) The Minister may, by written instrument, declare that a body corporate is not, from the time that the instrument is made, a Commonwealth authority for the purposes of this Act.
Note: Subsection 33(3) of the Acts Interpretation Act 1901 provides for the repeal, variation etc. of instruments.

Publication in Gazette
 (3) The Minister must publish a copy of an instrument made under subsection (1) or (2) in the Gazette.
 (4) A failure to comply with subsection (3) does not affect the validity of any declaration made under this section.

Instruments not legislative instruments
 (5) An instrument made under subsection (1) or (2) is not a legislative instrument.

Part 2—Transfer of liabilities