Commonwealth Numbered Acts

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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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