Commonwealth Consolidated Acts

ADMINISTRATIVE DECISIONS (JUDICIAL REVIEW) ACT 1977 - SECT 17

                   Where:

                     (a)  a person has, in the performance of the duties of an office, made a decision in respect of which an application may be made to the Federal Court or the Federal Magistrates Court under this Act; and

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

this Act has effect as if the decision had been made by:

                     (c)  the person for the time being holding or performing the duties of that office; or

                     (d)  if there is no person for the time being performing the duties of that office or that office no longer exists--the person specified:

                              (i)  if the decision was made under an enactment referred to in paragraph (a), (b), (c) or (d) of the definition of enactment in subsection 3(1)--by the Minister administering that enactment, or by a person he or she authorises for the purpose; or

                             (ii)  if the decision was made under an enactment referred to in paragraph (ca) or (cb) of that definition--by the Attorney‑General, or by a person he or she authorises for the purpose.