Document ID: chunk:federal_register_of_legislation:C2004A00906:clause:1_474
Version: federal_register_of_legislation:C2004A00906
Segment Type: clause
Provision Reference: sch 1 cl 474
Character Range: 2464–4590

474  Decisions under Act are final

 (1) A privative clause decision:
 (a) is final and conclusive; and
 (b) must not be challenged, appealed against, reviewed, quashed or called in question in any court; and
 (c) is not subject to prohibition, mandamus, injunction, declaration or certiorari in any court on any account.

 (2) In this section:

privative clause decision means a decision of an administrative character made, proposed to be made, or required to be made, as the case may be, under this Act or under a regulation or other instrument made under this Act (whether in the exercise of a discretion or not), other than a decision referred to in subsection (4) or (5).

 (3) A reference in this section to a decision includes a reference to the following:
 (a) granting, making, suspending, cancelling, revoking or refusing to make an order or determination;
 (b) granting, giving, suspending, cancelling, revoking or refusing to give a certificate, direction, approval, consent or permission (including a visa);
 (c) granting, issuing, suspending, cancelling, revoking or refusing to issue an authority or other instrument;
 (d) imposing, or refusing to remove, a condition or restriction;
 (e) making or revoking, or refusing to make or revoke, a declaration, demand or requirement;
 (f) retaining, or refusing to deliver up, an article;
 (g) doing or refusing to do any other act or thing;
 (h) conduct preparatory to the making of a decision, including the taking of evidence or the holding of an inquiry or investigation;
 (i) a decision on review of a decision, irrespective of whether the decision on review is taken under this Act or a regulation or other instrument under this Act, or under another Act;
 (j) a failure or refusal to make a decision.

 (4) For the purposes of subsection (2), a decision under a provision, or under a regulation or other instrument made under a provision, set out in the following table is not a privative clause decision:

Decisions that are not privative clause decisions
Item                                               Provision              Subject matter of provision