Tasmanian Numbered Acts

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JUDICIAL REVIEW ACT 2000 (NO. 54 OF 2000) - SECT 20

Meaning of "improper exercise of power"
In section 17(2)(e) and section 18(2)(e) , a reference to an improper exercise of a power is taken to include –
(a) taking an irrelevant consideration into account in the exercise of a power; and
(b) failing to take a relevant consideration into account in the exercise of a power; and
(c) an exercise of a power for a purpose other than a purpose for which the power is conferred; and
(d) an exercise of a discretionary power in bad faith; and
(e) an exercise of a personal discretionary power at the direction of another person; and
(f) an exercise of a discretionary power in accordance with a rule without regard to the merits of the particular case; and
(g) an exercise of a power that is so unreasonable that no reasonable person could so exercise the power; and
(h) an exercise of a power in such a way that the result of the exercise of the power is uncertain; and
(i) any other exercise of a power in a way that is an abuse of the power.



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