Australian Capital Territory Numbered Acts Australian Capital Territory Numbered Acts2. (1) Section 1 and this section commence on the day on which this Act is notified in the Gazette .
(2) The remaining provisions commence on a day, or respective days, fixed by the Minister by notice in the Gazette .
(3) If a provision referred to in subsection (2) has not commenced before the end of the period of 6 months commencing on the day on which this Act is notified in the Gazette , that provision, by force of this subsection, commences on the first day after the end of that period.
3. (1) In this Act, unless the contrary intention appears—
(a) in relation to a Department—
(i) a public servant (including the principal officer of that Department) who is a member of that Department; or
(ii) any other person (not being a Minister) authorised to exercise powers or perform functions on behalf of that Department by the principal officer of that Department; and
(b) in relation to a prescribed authority—
(i) the person who constitutes, or is acting as the person who constitutes, the authority;
(ii) a person who is, or is acting as, a member of the authority or is a deputy of such a member;
(iii) a person who is employed in the service of, or is a member of the staff of, the authority, whether or not the person is employed by the authority; or
(iv) a person authorised by the authority to exercise any powers or perform any functions of the authority on behalf of the authority;
(a) a body corporate, or an unincorporated body, established for a public purpose by, or in accordance with the provisions of, a law of the Territory, other than—
(i) an incorporated company or association; or
(ii) a body that, under subsection (2) or the regulations, is not a prescribed authority for the purposes of this Act;
(b) any other body, whether incorporated or unincorporated, that is declared by the regulations to be a prescribed authority for the purposes of this Act, being—
(i) a body established by the Executive or by a Minister; or
(ii) an incorporated company or association over which the Territory is in a position to exercise control;
(c) subject to subsection (3), the person holding or performing the duties of an office, other than the office of Ombudsman, established by a law of the Territory; or
(d) a person holding, or performing the duties of, an office declared by the regulations to be an office the holder of which is a prescribed authority for the purposes of this Act, being an office created by the Executive or by a Minister otherwise than under a law of the Territory;
(a) in relation to a Department—the Head of Administration or, if an Associate Head of Administration has been placed in control of that Department, that Associate Head of Administration or a person acting in such an office; or
(b) in relation to a prescribed authority—
(i) if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or
(ii) in any other case—the person who constitutes that authority or a person acting in his or her office 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 the person is present or a person acting in his or her office;
(a) subject to paragraphs (b) and (c), the Minister who is responsible for that agency;
(b) in relation to a prescribed authority referred to in paragraph (c) of the definition of “prescribed authority”—the Minister administering the law of the Territory concerned; or
(c) in relation to a prescribed authority referred to in paragraph (b) or (d) of the definition of “prescribed authority”—the Minister declared by the regulations to be the responsible Minister in respect of that authority;
or another Minister acting for and on behalf of that Minister.
(2) An unincorporated body, being a board, council, committee, subcommittee or other body established by or under a law of the Territory for the purpose of assisting, or performing functions connected with, a prescribed authority shall not be taken to be a prescribed authority, but action taken by the body, or by a person on its behalf, shall be taken to have been taken by that prescribed authority.
(3) A person shall not be taken to be a prescribed authority only because the person holds or performs the duties of—
(a) a prescribed office;
(b) an office the duties of which the person performs as duties of his or her employment as an officer of an agency;
(c) an office of member of a body; or
(d) an office established by a law of the Territory for the purposes of a prescribed authority;
but any action taken by or on behalf of a person holding or performing the duties of such an office shall be deemed to have been taken by the agency or body concerned.
4. (1) There shall be a Commissioner for the Environment appointed by instrument by the Minister.
(2) The Commissioner holds office on such terms and conditions (if any) in respect of matters not provided for by this Act as are determined by instrument by the Minister.