Commonwealth Numbered Acts

COMMONWEALTH EMPLOYMENT (MISCELLANEOUS AMENDMENTS) ACT 1992 No. 95 of 1992 - SECT 45

45. Section 5 of the Principal Act is amended:

   (a)  by adding the following word and paragraph at the end of the
        definition
of "Commonwealth authority" in subsection (1):

"or; (c) a body corporate:

        (i)    that is incorporated under a law of the Commonwealth or a State
               or Territory; and

        (ii)   in which the Commonwealth has a substantial interest; and

        (iii)  that is a body corporate that the Minister, by notice published
               in the Gazette, has declared to be a Commonwealth authority for
               the purposes of this Act;";

   (b)  by inserting "or (c)" in paragraph (b) of the definition of
        "Government business enterprise" in subsection (1) after "paragraph
        (b)";

   (c)  by inserting in subsection (1) the following definitions:

" 'principal officer', in relation to a Commonwealth authority, means:

   (a)  the person who constitutes, or is acting as the person who
        constitutes, the authority or, if the authority is constituted by 2 or
        more persons, the person who is entitled to preside at any meeting of
        the authority at which he or she is present; or

   (b)  if the affairs of the authority are administered or managed by a board
        or other group of persons - the person who is entitled to preside at
        any meeting of that board or other group at which he or she is
        present;
'substantial interest', in relation to a body corporate, means an interest
(other than a controlling interest) in the body corporate that enables the
person holding the interest to cast, or control the casting of, a number of
votes at a general meeting of the body corporate that is equal to or greater
than the number of votes which may be cast, or whose casting may be
controlled, by any other single person;".