Acts Interpretation Act 1901

PART 5 - GENERAL INTERPRETATION RULES  

SECTION 19D   MACHINERY OF GOVERNMENT CHANGES - SAVING THE VALIDITY OF ACTS DONE BY AUTHORITIES  

Saving the validity of acts done by authorities

19D(1)    

Subject to section 19E , the purported exercise or performance of a power, function or duty by or on behalf of an authority (see subsection (5)) is not invalid merely because, following a machinery of government change, the power, function or duty:

(a) is conferred or imposed on another authority; or

(b) is conferred or imposed on the same authority under another name or title; or

(c) is no longer conferred or imposed on any authority.

19D(2)    
Subsection (1) only applies if the authority acted on the basis of a reasonable, but mistaken, belief about the occurrence, timing or nature of the machinery of government change.

Machinery of government change

19D(3)    
For the purposes of this section, a machinery of government change occurs if any of the following applies in relation to an authority:

(a) the authority is abolished;

(b) the name or title of the authority is changed;

(c) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order;

(d) the authority no longer exercises or performs the power, function or duty for any other reason.

Powers, functions and duties

19D(4)    
This section applies in relation to a power, function or duty purportedly exercised or performed by or on behalf of an authority, whether before or after the machinery of government change, under any of the following:

(a) an Act or legislative instrument;

(b) an agreement entered into by or on behalf of the Commonwealth;

(c) any other authorisation under a law of the Commonwealth.

Definition of authority

19D(5)    
In this section:

authority
means any of the following persons or bodies:

(a) a Minister;

(b) a Department of State of the Commonwealth;

(c) any other Agency within the meaning of the Public Service Act 1999 ;

(d) an office (including an APS employee ' s office and any other appointment or position), or the holder of an office.

Note:

Offices are offices in and for the Commonwealth (see section 21 ). An example is the office of Secretary of a Department of State.