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 Court 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) or (d) 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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