Australian Capital Territory Consolidated Acts

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OMBUDSMAN ACT 1989 - SECT 3

Entities not necessarily prescribed authorities

    (1)     For this Act, an unincorporated body established under an enactment for the purpose of assisting, or exercising functions connected with, a prescribed authority is not taken to be a prescribed authority but action taken by the body, or by a person for the body, is taken to be action by the prescribed authority.

Examples of bodies

A board, council and committee

Note 1     Body includes any group of people joined together for a common purpose (see Legislation Act, dict, pt 1).

Note 2     An example is part of the Act, is not exhaustive and may extend, but does not limit, the meaning of the provision in which it appears (see Legislation Act, s 126 and s 132).

    (2)     For this Act, a person is not taken to be a prescribed authority only because the person holds or performs the duties of a specified office, but any action taken by or for the person is taken to have been taken by the agency or body concerned.

Note     Agency includes a prescribed authority (see dictionary).

    (3)     In this section:

"specified office" means—

        (a)     an office the duties of which the person performs as employment duties as an officer of an agency; or

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

        (c)     an office established by an enactment for a prescribed authority; or

        (d)     an office prescribed by regulation.



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