Document ID: chunk:federal_register_of_legislation:C2025C00095:section:3:p9
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 3 (pt 9/13)
Character Range: 35493–37994

her holding an appointment made by, or by reason of authority given by, the Governor‑General, a Minister or the Secretary of a Department otherwise than under an enactment, the regulations may provide that action taken by the person in the exercise of that power or the performance of that function shall not be deemed to be taken, for the purposes of this Act, by the Department responsible for dealing with the matter in connection with which the action is taken.
 (4B) For the purposes of this Act, if:
 (a) a person is not an officer of a Department or prescribed authority; and
 (b) the person is, or is an employee of, a Commonwealth service provider of the Department or prescribed authority under a contract; and
 (c) for the purposes of the contract, the person takes action in the exercise of a power or the performance of a function for or on behalf of the Department or prescribed authority; and
 (d) the person does not exercise the power or perform the function by reason of:
 (i) his or her holding, or performing the duties of, an office established by, or in accordance with the provisions of, an enactment; or
 (ii) his or her being a Judge of a court of, or a magistrate of, a State or Territory; and
 (e) the regulations do not otherwise provide;
the action is taken to be action taken by the Department or prescribed authority.
 (5) For the purposes of this Act, action that is taken by an officer of a Department shall be deemed to be taken by the Department:
 (a) if the officer takes, or purports to take, the action by virtue of his or her being an officer of the Department, whether or not:
 (i) the action is taken for or in connexion with, or as incidental to, the performance of the functions of the Department; or
 (ii) the taking of the action is within the duties of the officer; or
 (b) if the officer takes, or purports to take, the action in the exercise of powers or the performance of functions conferred on him or her by an enactment.
 (5A) Notwithstanding subsection (5), where the person holding, or performing the duties of, an office established by an enactment is, under the regulations, not to be taken to be a prescribed authority for the purposes of this Act, the regulations may also provide that action taken by an officer of a Department, being action in the furtherance of the duties of that office, shall, for the purposes of this Act, be deemed not to be action taken by that Department.
 (6) For the purposes of this Act, action that is taken by an