Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) An institution is a Commonwealth institution if:
(a) it is or was part of the Commonwealth; or
(b) it is or was a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013 ); or
(c) it is or was a wholly - owned Commonwealth company; or
(d) it is or was a body (whether or not incorporated) established by or under a law of the Commonwealth; or
(e) the rules prescribe that it is a Commonwealth institution.
(2) However, an institution is not a Commonwealth institution if:
(a) it is a body politic that is a participating Territory, or is or was part of a body politic that is a participating Territory; or
(b) it is or was a body corporate (other than a wholly - owned Commonwealth company) that is or was registered under the Corporations Act 2001 (including a body corporate taken to be registered under that Act because of the operation of Chapter 10 of that Act (which is about transitional provisions)); or
(c) the rules prescribe that it is not a Commonwealth institution.
(3) Rules made for the purposes of paragraph (1)(e) or (2)(c) may prescribe that an institution is, or is not, a Commonwealth institution in relation to a period specified by the rules.