Commonwealth Consolidated Acts Commonwealth Consolidated ActsGeneral rule
(1) The decision - maker for a decision is the person who makes the decision.
Note: For when Tribunal decisions are taken to be made by the decision - maker, see subsection 108(2).
Exception--person ceases to hold office, appointment or position
(2) Despite subsection (1), if:
(a) a person makes a decision as the holder or occupier of an office, appointment or position; and
(b) the person ceases to hold or occupy the office, appointment or position;
the decision - maker for the decision is:
(c) the person who holds or occupies the office, appointment or position; or
(d) if there is no person who holds or occupies the office, appointment or position--the person specified by the President.
Exception--any other circumstance
(3) If subsections (1) and (2) do not apply in relation to a decision, the decision - maker for the decision is the person specified by the President.
Specifying a decision - maker
(4) The President must not specify a person under paragraph (2)(d) or subsection (3) unless the President considers that the person is the person most able to satisfy the requirements imposed by this Act on decision - makers of reviewable decisions.
(5) If the President specifies the person in writing, the specification is not a legislative instrument.
Extension--unincorporated decision - maker is treated as if it were a person
(6) If a board, committee or other unincorporated body constituted by 2 or more persons is empowered by an Act or an instrument made under an Act to make a decision, this Act applies as if that board, committee or other body were a person empowered to make the decision.
Clarification--decisions made by delegates
(7) Subject to this Act, if an Act or an instrument made under an Act confers power on a person or body (the authority ) to delegate a function or power in relation to a decision, a function or power so delegated, when performed or exercised by the delegate, is, for the purposes of this Act, taken to have been performed or exercised by the authority.