(1) A person who makes, or participates in making, decisions that affect the whole, or a substantial part, of a business or undertaking of the Commonwealth is taken to be an officer of the Commonwealth for the purposes of this Act.
(2) Subject to subsection (3), a Minister of a State or the Commonwealth is not in that capacity an officer for the purposes of this Act.
(3) To avoid doubt, a parliamentarian is an officer of the Commonwealth for the purposes of this Act in respect of the business or undertaking of the Commonwealth constituted by the provision by the Commonwealth of support for the functioning of the Parliament.
(4) Subsection (3) does not limit:
(a) who may be an officer of the Commonwealth for the purposes of this Act in respect of the business or undertaking described in that subsection; or
(b) the circumstances in which a parliamentarian may be an officer of a person conducting a business or undertaking for the purposes of this Act.