Document ID: chunk:federal_register_of_legislation:F2024C01056:reg:4
Version: federal_register_of_legislation:F2024C01056
Segment Type: reg
Provision Reference: reg 4
Character Range: 4814–6813

4  Meaning of corporation
 (1) In this instrument, corporation includes the following:
 (a) a company;
 (b) a body corporate;
 (c) an unincorporated body that, under the law of the place where the body is formed, may:
 (i) sue or be sued; or
 (ii) hold property in the name of the secretary of the body or an office holder of the body appointed for that purpose;
 (d) a public authority;
 (e) a corporation registered under the Corporations (Aboriginal and Torres Strait Islander) Act 2006;
 (f) a trade union.
 (2) However, corporation does not include the following:
 (a) a corporation sole that is not a public authority;
 (b) a small business;
 (c) an unincorporated not‑for‑profit association.
 (3) For paragraphs (1)(d) and (2)(a), each of the following is a public authority:
 (a) a body or authority of the Commonwealth or of a State or Territory, including the following:
 (i) a Department of the Commonwealth or of a State or Territory;
 (ii) a Department of the Parliament established under the Parliamentary Service Act 1999, a Department of the Parliament of a State or a Department of the legislature of a Territory;
 (iii) any other non‑corporate Commonwealth entity within the meaning of the Public Governance, Performance and Accountability Act 2013;
 (b) a person representing a body or authority of the Commonwealth or of a State or Territory;
 (c) a Minister for the Commonwealth or for a State or Territory;
 (d) a statutory office holder.
 (4) For paragraph (2)(b), a small business is a business with:
 (a) no more than 19 employees; and
 (b) a total turnover of less than $2 million each year.
 (5) For paragraph (2)(c), a not‑for‑profit association is a society, club, institution or body that is not formed for the purpose of trading or securing pecuniary profit from its transactions for its members.
 (6) A corporation is not required to be subject to the Corporations Act 2001 to be a corporation for the purposes of this instrument.

Part 2—Fees

Division 2.1—General