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.