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Definitions of public official and public authority

Public authority includes the following:

(a) a public service agency or any other government sector agency within the meaning of the Government Sector Employment Act 2013,

(b) a statutory body representing the Crown,

(c) a person or body in relation to whom or to whose functions an account is kept of administration or working expenses, where the account:

(i) is part of the accounts prepared under the Public Finance and Audit Act 1983,or

(ii) is required by or under any Act to be audited by the Auditor-General, or

(iii) is an account with respect to which the Auditor-General has powers under any law, or

(iv) is an account with respect to which the Auditor-General may exercise powers under a law relating to the audit of accounts if requested to do so by a Minister of the Crown,

(d) a local government authority,

(e) the NSW Police Force,

(f) a body, or the holder of an office, declared by the regulations to be a body or office within this definition.

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Public official means an individual having public official functions or acting in a public official capacity, and includes any of the following:

(a) the Governor (whether or not acting with the advice of the Executive Council),

(b) a person appointed to an office by the Governor,

(c) a Minister of the Crown, a member of the Executive Council or a Parliamentary Secretary,

(d) a member of the Legislative Council or of the Legislative Assembly,

(e) a person employed by the President of the Legislative Council or the Speaker of the Legislative Assembly or both,

(e1) a person employed under the Members of Parliament Staff Act 2013

(f) a judge, a magistrate or the holder of any other judicial office (whether exercising judicial, ministerial or other functions),

(g) a person employed in a public service agency or any other government sector agency within the meaning of the Government Sector Employment Act 2013,

(h) an individual who constitutes or is a member of a public authority,

(i) a person in the service of the Crown or of a public authority,

(j) an individual entitled to be reimbursed expenses, from a fund of which an account mentioned in paragraph (d) of the definition of public authority is kept, of attending meetings or carrying out the business of any body constituted by an Act,

(k) a member of the Police Force,

(k1) an accredited certifier within the meaning of the Environmental Planning and Assessment Act 1979,

(l) the holder of an office declared by the regulations to be an office within this definition,

(m) an employee of or any person otherwise engaged by or acting for or on behalf of, or in the place of, or as deputy or delegate of, a public authority or any person or body described in any of the foregoing paragraphs.