Page:Hocking v Director-General of the National Archives of Australia.pdf/22

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

16.

(c) the Senate;

(d) the House of Representatives;

(e) a Department;

(f) a Federal court or a court of a Territory other than the Northern Territory or Norfolk Island;

(g) an authority of the Commonwealth; or

(h) the Administration of an external Territory other than Norfolk Island."

42 To understand the scope of the definition of "Commonwealth institution", it is in turn necessary to refer to the definitions of "Department" and "authority of the Commonwealth". A "Department" is either a "Department of the Australian Public Service" established under the Public Service Act 1999 "that corresponds to a Department of State of the Commonwealth", administered by a Minister of State appointed by the Governor-General under s 64 of the Constitution, or a "Parliamentary Department"[1], being a Department of the Parliament established under the Parliamentary Service Act 1999 (Cth)[2]. The expression "authority of the Commonwealth" is elaborately defined as follows[3]:

"authority of the Commonwealth means:

(a) an authority, body, tribunal or organization, whether incorporated or unincorporated, established for a public purpose:

(i) by, or in accordance with the provisions of, an Act, regulations made under an Act or a law of a Territory other than the Northern Territory or Norfolk Island;
(ii) by the Governor-General; or
(iii) by, or with the approval of, a Minister;

  1. Section 3(1) of the Archives Act, definition of "Department".
  2. Section 3(1) of the Archives Act, definition of "Parliamentary Department".
  3. Section 3(1) of the Archives Act, definition of "authority of the Commonwealth".