Australian Capital Territory Current Acts

OMBUDSMAN ACT 1989 - SECT 3A

    (1)     For this Act, an action taken by an officer of an administrative unit is taken as an action by the unit if the officer takes, or purports to take, the action—

        (a)     because of being an officer of the unit, whether or not—

              (i)     the action is taken in connection with, or as incidental to, the exercise of the functions of the unit; or

              (ii)     the taking of the action is within the duties of the officer; or

        (b)     in the exercise of functions given to the officer by an enactment.

    (2)     Despite subsection (1), if a regulation provides that a person holding, or performing the duties of, an office established by an enactment is not a prescribed authority for this Act, a regulation may also provide that action taken by an officer of an administrative unit for the duties of the office, must, for this Act, be taken not to be action taken by the administrative unit.

    (3)     For this Act, an action taken by a person, who is not an officer of an agency, in the exercise of a function that the person is authorised to exercise because the person holds an appointment made, or because of authority given, by the Executive, a Minister or a director-general of an administrative unit is taken to be action by the administrative unit responsible for dealing with the matter in connection with which the action is taken if the person does not exercise the function because the person—

        (a)     holds, or performs the duties of, an office established under an enactment; or

        (b)     is a judge of a court created by the Commonwealth Parliament or of a court of a State; or

        (c)     is a Commonwealth or State magistrate.

Note     State includes the Northern Territory (see Legislation Act

, dictionary part 1).

    (4)     Despite subsection (3), if a person is authorised to exercise a function because the person holds an appointment made, or because of authority given, by the Executive, a Minister or a director-general of an administrative unit otherwise than under an enactment, a regulation may provide that action taken by the person in the exercise of the function must not be taken to be taken, for this Act, by the administrative unit responsible for dealing with the matter in connection with which the action is taken.