Hearing Services and AGHS Reform Act 1997 (82 of 1997)

Part 2   Transitional provisions relating to the corporatisation of the Australian Government Health Service (AGHS)

Division 5   Miscellaneous

21   Nominated company not to be an agency of the Commonwealth etc.

(1) The nominated company is not taken, for the purposes of a law, to be:

(a) a Commonwealth authority; or

(b) established for a public purpose or for a purpose of the Commonwealth; or

(c) a public authority or an agency or instrumentality of the Crown;

(within the ordinary meaning of the expression concerned) unless a law expressly provides otherwise.

(2) Subsection (1) does not prevent the nominated company from being a Commonwealth authority for the purposes of the Public Service Act 1922 if paragraph (c) or (d) of the definition of Commonwealth authority in subsection 7(1) of that Act applies to the company.

(3) Subsection (2) is enacted for the avoidance of doubt.

(4) In this section:

law means:

(a) an Act of the Commonwealth or of a State or Territory; or

(b) regulations or any other instrument made under such an Act.