Commonwealth Consolidated Acts Commonwealth Consolidated ActsBody 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.