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ARCHIVES AMENDMENT ACT 1995 No. 10 of 1995 - SECT 4
Insertion of new sections
4. After section 3 of the Principal Act the following sections are inserted:
A company no longer established for a public purpose
"3A. An authority, body, tribunal or organisation, whether incorporated or
unincorporated, established for a public purpose is to be taken, for the
purposes of this Act, never to have been so established, only if:
(a) a legislative provision; or
(b) regulations made for the purpose of this section; expressly provide
that, for the purposes of this Act, the authority, body, tribunal or
organisation is to be taken never to have been so established.
Commonwealth-controlled companies or associations that are not
authorities of the Commonwealth
"3B. If a company or association was, immediately before the commencement of
this section:
(a) a Commonwealth-controlled company or a Commonwealth-controlled
association that was:
(i) not established for a public purpose; and
(ii) not prescribed under paragraph (c) of the definition of
'authority of the Commonwealth' as then in force; or
(b) a Commonwealth-controlled company or a Commonwealth-controlled
association that was:
(i) established for a public purpose; but
(ii) taken, under a provision of an Act, never to have been so
established; then, despite paragraph (c) of the definition of
'authority of the Commonwealth', the company or association is
to be taken not to be an authority of the Commonwealth.
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