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.




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