Administrative Decisions (Judicial Review) Act 1977

SECTION 17  

17   CHANGE IN PERSON HOLDING, OR PERFORMING THE DUTIES OF, AN OFFICE  


Where:

(a)    

a person has, in the performance of the duties of an office, made a decision in respect of which an application may be made to the Federal Court or the Federal Circuit and Family Court of Australia (Division 2) under this Act; and

(b)    the person no longer holds, or, for whatever reason, is not performing the duties of, that office;

this Act has effect as if the decision had been made by:

(c)    the person for the time being holding or performing the duties of that office; or

(d)    

if there is no person for the time being performing the duties of that office or that office no longer exists - the person specified:

(i) if the decision was made under an enactment referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) of the definition of enactment in subsection 3(1) - by the Minister administering that enactment, or by a person he or she authorises for the purpose; or

(ii) if the decision was made under an enactment referred to in paragraph (ca) or (cb) of that definition - by the Attorney-General, or by a person he or she authorises for the purpose.

 

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