Public Audit Act 2001

If you need more information about this Act, please contact the administering agency: The Treasury
5 Meaning of public entity

(1)

In this Act, public entity means each of the following entities:

(a)

the Crown:

(b)

each office of Parliament, except where another auditor has been appointed for that office under section 45F(1)(b) of the Public Finance Act 1989:

(c)

an entity of a class described in Schedule 1:

(d)

an entity listed in Schedule 2:

(e)

an entity in respect of which the Auditor-General is the auditor under any other enactment (other than section 19):

(f)

an entity which is controlled by 1 or more entities of the kinds referred to in paragraphs (a) to (e).

(2)

For the purposes of subsection (1)(f), an entity is controlled by 1 or more other entities if—

(a)

the entity is a subsidiary of any of those other entities; or

(b)

the other entity or entities together control the entity within the meaning of any relevant financial reporting standard; or

(c)

the other entity or entities can together control directly or indirectly the composition of the board of the entity within the meaning of sections 7 and 8 of the Companies Act 1993 (which, for the purposes of this paragraph, are to be read with all necessary modifications).

(3)

Despite subsections (1) and (2), an entity is not a public entity if,—

(a)

but for this subsection, it would be a public entity only by virtue of the application of both subsection (1)(f) and subsection (2)(c); and

(b)

it is specifically referred to in an enactment (either by name or otherwise); and

(c)

that enactment expressly requires or permits its financial statements to be audited by a person other than the Auditor-General.

Section 5(1)(b): amended, on 25 January 2005, by section 37(1) of the Public Finance Amendment Act 2004 (2004 No 113).

Section 5(2)(b): amended, on 1 July 2011, by section 12 of the Financial Reporting Amendment Act 2011 (2011 No 22).