Commonwealth Consolidated Acts

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Machinery of government changes--saving the validity of acts done by authorities

Saving the validity of acts done by authorities

  (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.

  (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

  (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

  (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

  (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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