(1) Subject to
subsection (2), each of the following is a State agency for the purposes of
this Act —
(a) an
agency as defined in the Financial Management Act 2006 section 3 other than a
university listed in Schedule 1 to that Act;
(b) an
entity controlled by a Minister, or by an agency referred to in paragraph (a),
through which that Minister or agency procures goods, services or works for
the performance of the functions of that Minister or agency;
(c) an
entity (or an entity of a kind) that is established for a public purpose or is
funded by the State and that is prescribed by the regulations to be a State
agency.
(2) The following are
not State agencies for the purposes of this Act —
(a) a
body established by or under any of the following provisions —
(i)
the Electricity Corporations Act 2005 section 4;
(ii)
the Keystart Act 2024 section 6;
(iii)
the Port Authorities Act 1999 section 4;
(iv)
the Water Corporations Act 1995 section 4;
(v)
the Western Australian Land Authority Act 1992
section 5;
(aa) a
subsidiary of a body mentioned in paragraph (a);
(b) an
entity (or an entity of a kind) that is prescribed by the regulations not to
be a State agency.
[Section 5 amended: No. 44 of 2024 s. 65.]