Queensland Consolidated Acts

JUDICIAL REVIEW ACT 1991 - SECT 52

52 Change in occupancy of office

(1) If—

(a) a person has, in the performance of the functions of an office, made a decision in relation to which an application may be made to the court under this Act; and

(b) the person no longer holds the office or, for whatever reason, is not performing the functions of the office;

this Act has effect as if the decision had been made by the replacement person for the office.

(2) The reference to the replacement person for an office is a reference to—

(a) the person for the time being holding or performing the functions of the office; or

(b) if there is no person for the time being holding or performing the functions of the office or the office no longer exists—the person specified by—

(i) the Minister administering the enactment, or the scheme or program, under which the decision was made; or

(ii) a person authorised in writing by the Minister for the purposes of this section.