New South Wales Consolidated Acts

PUBLIC AUTHORITIES (FINANCIAL ARRANGEMENTS) ACT 1987 - SECT 3

3 Definitions

(1) In this Act, except in so far as the context or subject-matter otherwise indicates or requires:
"authority" means:

(a) a person, group of persons or body specified in Schedule 2 to the Public Finance and Audit Act 1983 , or

(b) a person, group of persons or body specified in Column 1 of Schedule 3 to the Public Finance and Audit Act 1983 , or

(c) a Minister of the Crown, or

(d) a State owned corporation or a subsidiary of a State owned corporation, or

(e) an entity or entity of a class prescribed by the regulations as being within this definition,

but does not include:

(f) a local government authority, or

(f1) a University (or the Board of Trustees, Council or Senate of a University), or

(g) an entity or entity of a class prescribed by the regulations as not being within this definition.

"controlled entity", in relation to an authority, means an entity of which the authority has control within the meaning of a standard referred to in section 39 (1A) or 45A (1A) of the Public Finance and Audit Act 1983 , and includes an entity or entity of a class prescribed by the regulations as being within this definition, but does not include:

(a) an entity that is itself an authority within the meaning of this Act, or

(b) an entity or entity of a class prescribed by the regulations as not being within this definition.

Accordingly, a reference (however expressed) in this Act to an entity controlled by an authority is a reference to such a controlled entity.
"entity" has the same meaning as it has for the purposes of Chapter 2E of the Corporations Act 2001 of the Commonwealth, and (without limitation) includes any person, group of persons or body.
"financial accommodation" is referred to in section 4.
"financial adjustment" is referred to in section 5.
"financial arrangements" means arrangements for or with respect to:

(a) the obtaining of financial accommodation, or

(b) the effecting of a financial adjustment, or

(c) a joint financing arrangement, or

(d) the investment of funds,

and includes an arrangement or arrangement of a class prescribed as being within this definition, but does not include an arrangement or arrangement of a class prescribed as not being within this definition.
"Financing Corporation" means the New South Wales Capital Works Financing Corporation constituted by this Act.
"Government" means the Crown in right of New South Wales.
"joint financing arrangement" is defined in section 5A.
"joint venture" is defined in section 22K.
"joint venture arrangements" means arrangements (as defined in section 22J) for or with respect to the carrying on of a joint venture.
"local government authority" means a council or county council within the meaning of the Local Government Act 1993 or any person exercising all or any of the functions of such a council or county council.
"Minister" means:

(a) in relation to an authority constituted by a provision of an Act-the Minister administering the provision, or

(b) in relation to an authority not constituted by an Act-the chief executive officer or governing body of the authority.

"portfolio Minister" of an entity is defined in section 5B.
"regulations" means regulations made under this Act.
"Treasury Corporation" means the New South Wales Treasury Corporation constituted by the Treasury Corporation Act 1983 .

(2) In this Act, a reference (however expressed) to the repayment of financial accommodation includes a reference to the payment of money by the authority concerned in relation to the financial accommodation, whether or not by way of repayment of money by the authority and whether or not constituting a payment by way of advance.

(3) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(4) The prescription of an entity or class of entities under paragraph (e) or (g) of the definition of "authority" in subsection (1) may be made generally or may be made for the purposes of specified provisions of this Act only. Such a prescription is taken to be made generally unless it is expressed to be made for the purposes of specified provisions of this Act.

(5) A part of an entity may be prescribed for the purposes of paragraph (e) or (g) of the definition of "authority" in subsection (1).

(6) Two or more parts of an entity may be separate authorities for the purposes of this Act. If:

(a) an entity is an authority, and

(b) a part of the entity is also an authority,

the authority referred to in paragraph (a) is taken not to include the part referred to in paragraph (b), unless the regulations otherwise provide.

(7) A reference in the definition of "controlled entity" in subsection (1) to a standard includes a reference to:

(a) if the standard is amended-the standard as in force for the time being, and

(b) if the standard is replaced-the substituted standard, and

(c) if the substituted standard is amended-the substituted standard as in force for the time being.

(8) An order of the Treasurer under this Act may be given in the form of a written direction of the Treasurer.

(9) Notes included in this Act do not form part of this Act.