Commonwealth Consolidated Acts

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ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SECT 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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