Queensland Consolidated Acts

INFORMATION PRIVACY ACT 2009 - SECT 21

21 Meaning of public authority

(1) In this Act,
"public authority" means any of the following entities—

Note—

Under the Acts Interpretation Act 1954 , schedule 1 —

"entity" includes a person and an unincorporated body.

(a) an entity—

(i) established for a public purpose by an Act; or

(ii) established by government under an Act for a public purpose, whether or not the public purpose is stated in the Act ;

(b) an entity created by the Governor in Council or a Minister;

(c) another entity declared by regulation to be a public authority for this Act, being an entity—

(i) supported directly or indirectly by government funds or other assistance or over which government is in a position to exercise control; or

(ii) established under an Act; or

(iii) given public functions under an Act;

(d) subject to subsection (3) , a person holding an office established under an Act;

(e) a person holding an appointment—

(i) made by the Governor in Council or Minister otherwise than under an Act; and

(ii) declared by regulation to be an appointment the holder of which is a public authority for this Act.

(2) A prescribed entity is not a public authority in relation to documents received, or created, by it in performing a function other than the public function given under an Act.

(3) A person is not a public authority merely because the person holds—

(a) an office the duties of which are performed as duties of employment as an agency’s officer; or

(b) an office of member of a body; or

(c) an office established under an Act for the purposes of an agency.

(4) In this section—

"prescribed entity" means an entity that is a public authority only because it is given public functions under an Act and is declared by regulation to be a public authority for this Act.