Australian Capital Territory Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1989 - SECT 3A

Meaning of making and failure to make a decision

    (1)     For this Act, a reference to the "making" of a decision includes a reference to—

        (a)     making, suspending, revoking or refusing to make an order, award or determination; or

        (b)     giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission; or

        (c)     issuing, suspending, revoking or refusing to issue a licence, authority or other instrument; or

        (d)     imposing a condition or restriction; or

        (e)     making a declaration, demand or requirement; or

        (f)     keeping, or refusing to give up, an article; or

        (g)     doing or refusing to do anything else;

    (2)     If provision is made by an enactment for the making of a report or recommendation before a decision is made, the making of the report or recommendation is itself taken, for this Act, to be the making of a decision.

    (3)     A reference to a "failure to make" a decision includes a reference to a failure to make

        (a)     a decision mentioned in subsection (1) (a) to (g); or

        (b)     a report or recommendation mentioned in subsection (2).

Note     Fail is defined in the Legislation Act

, dict, pt 1, to include refuse.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback