Western Australian Current Acts Western Australian Current Acts (1) In this Act
—
officer —
(a)
means —
(i)
an officer within the meaning of the
Corporations Act 2001 (Commonwealth) section 9 other than a partner in a
partnership; or
(ii)
an officer of the Crown within the meaning of subsection
(2); or
(iii)
an officer of a public corporation within the meaning of
subsection (3);
but
(b) does
not include —
(i)
the Governor acting in that capacity; or
(ii)
a Minister of a State or Territory, or of the
Commonwealth, acting in that capacity; or
(iii)
a local government member.
(2) Each of the
following persons is taken to be an officer of the Crown for the purposes of
this Act —
(a) in
relation to the business or undertaking of a body corporate that is an agent
of the Crown, any person who makes, or participates in making, decisions that
affect the whole, or a substantial part, of the business or undertaking;
(b) in
relation to the business or undertaking of a Crown agency, the chief
executive;
(c) in
relation to the business or undertaking of a Crown agency, any person (other
than the chief executive) —
(i)
who makes, or participates in making, decisions that
affect the whole, or a substantial part, of the business or undertaking; and
(ii)
who is, within the organisational structure of the Crown
agency, directly responsible to the chief executive.
(3) A person who
makes, or participates in making, decisions that affect the whole, or a
substantial part, of the business or undertaking of a public corporation is
taken to be an officer of the public corporation for the purposes of this Act.