Commonwealth Consolidated Acts Commonwealth Consolidated ActsWhere:
(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 Circuit and Family Court of Australia (Division 2) 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), (d), (e) or (f) 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.