Page:Hocking v Director-General of the National Archives of Australia.pdf/23

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17.

(b) the holder of a prescribed office under the Commonwealth; or

(c) a Commonwealth-controlled company or a Commonwealthcontrolled association;

but does not include:

(d) a court;

(e) the Australian Capital Territory;

(f) a body established by or under an enactment within the meaning of the Australian Capital Territory (Self-Government) Act 1988;

(g) the Northern Territory; or

(h) the Administration of an external Territory."

43 Last in the sequence of interlocking definitions which bear on the scope of the definition of "Commonwealth institution" are definitions of the expressions "Commonwealth-controlled company" and "Commonwealth-controlled association". A "Commonwealth-controlled company" is "an incorporated company over which the Commonwealth is in a position to exercise control" other than "a company that is declared by the regulations not to be a Commonwealth-controlled company"[1]. A "Commonwealth-controlled association" is "an association over which the Commonwealth is in a position to exercise control" other than "an association that is declared by the regulations not to be a Commonwealth-controlled association"[2].

44 Bearing also on the primary meaning of "a record that is the property of the Commonwealth or of a Commonwealth institution" in the definition of "Commonwealth record" is the circumstance that two categories of records are "deemed to be" Commonwealth records[3]. One comprises records of a "Royal


  1. Section 3(1) of the Archives Act, definition of "Commonwealth-controlled company".
  2. Section 3(1) of the Archives Act, definition of "Commonwealth-controlled association".
  3. Section 3(1) of the Archives Act, definition of "Commonwealth record", para (b).