Western Australian Consolidated Acts

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WATER CORPORATION ACT 1995 - SECT 3

3 .         Terms used in this Act

        (1)         In this Act, unless the contrary intention appears — 

        board means the board of directors provided for by section 7;

        chief executive officer means the officer appointed under section 13 and, except in section 13, includes an acting chief executive officer under subsection (5) of that section;

        Commissioner for Public Sector Standards means the person for the time being holding the office created by section 16(1) of the Public Sector Management Act 1994 ;

        corporation means the body established by section 4;

        Corporations Act means the Corporations Act 2001 of the Commonwealth;

        director means a member of the board;

        executive officer means a member of the staff of the corporation designated under section 18 as an executive officer;

        function , except in sections 27(1), (2) and (4) and 29, includes powers, duties and authorities;

        member of staff means a person engaged under section 15;

        non-executive director means a director appointed under section 7(1)(b);

        subsidiary means — 

            (a)         a body determined to be a subsidiary of the corporation under subsection (2); or

            (b)         an interest or other rights of the corporation in a unit trust, joint venture or partnership where the interest or other rights of the corporation in connection with the unit trust, joint venture or partnership entitle the corporation to — 

                  (i)         control the composition of the governing body of the unit trust, joint venture or partnership;

                  (ii)         cast, or control the casting of, more than one-half of the maximum number of votes that might be cast at a general meeting of the unit trust, joint venture or partnership; or

                  (iii)         control the business affairs of the unit trust, joint venture or partnership;

        Treasurer means the Treasurer of the State;

        water service means a water supply, sewerage, irrigation or drainage service.

        (2)         Part 1.2 Division 6 of the Corporations Act applies for the purpose of determining whether a body is a subsidiary of the corporation.

        [Section 3 amended by No. 10 of 2001 s. 205; No. 74 of 2003 s. 127(2); No. 8 of 2009 s. 132(2) and (3).]



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