(1) A body is an agency of the Commonwealth if the body is one of the following:
(a) a Department of State of the Commonwealth;
(b) an agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the Commonwealth;
(c) a person holding office, or exercising power, under a law of the Commonwealth;
(d) a body (whether incorporated or not) prescribed for the purposes of this paragraph.
(2) A body is an agency of a State or a Territory if the body is one of the following:
(a) a Department of State of the State or the Territory;
(b) a local government body of the State or the Territory;
(c) any other agency, authority or body (whether incorporated or not) established for a public purpose by or under a law of the State or the Territory;
(d) a person holding office, or exercising power, under a law of the State or the Territory;
(e) a body (whether incorporated or not) prescribed for the purposes of this paragraph.