Directors of companies and other bodies corporate
(1) For the purposes of this Act, if:
(a) a person is a full - time director of a company or other body corporate; and
(b) the company or other body is an approved authority; and
(c) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory; and
(d) the person is not specified in a written declaration made by the Minister under this paragraph;
the person is employed by the company or other body.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003 .
(2) The Minister may, by writing, declare that, for the purposes of this Act, a specified person is employed by a company or other body corporate, so long as:
(a) the person is a director of the company or other body; and
(b) the person is not a full - time director of the company or other body; and
(c) the company or other body is an approved authority; and
(d) the company or other body is incorporated under a law of the Commonwealth or of a State or Territory.
Note: For specification by class, see subsection 13(3) of the Legislation Act 2003 .
Declarations
(3) A declaration under paragraph (1)(d) or subsection (2) is a legislative instrument.
(4) Despite anything in regulations made for the purposes of paragraph 44(2)(b) of the Legislation Act 2003 , section 42 (disallowance) of that Act applies to a declaration under paragraph (1)(d) or subsection (2) of this section.