Commonwealth Numbered Acts

PUBLIC WORKS COMMITTEE AMENDMENT ACT 1981 No. 20, 1981 - SECT 3

3. Section 5 of the Principal Act is amended -

(a) by inserting after the definition of "assessor" the following definition:



"'authority of the Commonwealth' means -

   (a)  a body corporate, or an unincorporated body, established for a public
        purpose by, or in accordance with the provisions of, an enactment;

   (b)  a body established by the Governor-General or a Minister otherwise
        than in accordance with an enactment; or

   (c)  an incorporated company over which the Commonwealth is in a position
        to exercise control, but does not include an inter-governmental
        body;";

   (b)  by inserting after the definition of "court of summary jurisdiction"
        the following definitions:



"'enactment' means -

   (a)  an Act;

   (b)  an Ordinance of the Australian Capital Territory; or

   (c)  an instrument (including rules, regulations or by-laws) made under an
        Act or under such an Ordinance;

'inter-governmental body' means a body corporate or an unincorporated body
established by, or in accordance with the provisions of, an agreement between
the Commonwealth and a State or States or between the Commonwealth and the
Government of another country or the Governments of other countries;"; and

   (c)  by omitting the definition of "public work" and substituting the
        following definitions:



"'public work' means -

   (a)  a work -

        (i)    that is proposed to be carried out by or for the Commonwealth,
               either within or outside Australia; and

        (ii)   in respect of the carrying out of which moneys appropriated by
               the Parliament are proposed to be expended by the Commonwealth;



   (b)  a work -

        (i)    that is proposed to be carried out, either within or outside
               Australia, by or for an authority of the Commonwealth to which
               this Act applies by virtue of section 6A; and

        (ii)   in respect of the carrying out of which moneys appropriated by
               the Parliament, or moneys of the authority, are proposed to be
               expended by the authority; or

   (c)  a work in respect of which a declaration referred to in sub-section
        (2) of section 6B is in force, but does not include -

   (d)  a work that is proposed to be carried out by or on behalf of the
        National Capital Development Commission -

        (i)    for the Commonwealth; or

        (ii)   for an authority of the Commonwealth to which this Act applies
               (including that Commission), unless the work is, under the
               regulations, a prescribed work for the purposes of this
               definition; or

   (e)  a work that is proposed to be carried out by or for the Commonwealth
        by way of assistance to an overseas country;

'State' includes the Northern Territory;".