Document ID: chunk:federal_register_of_legislation:C2005A00141:clause:2_3
Version: federal_register_of_legislation:C2005A00141
Segment Type: clause
Provision Reference: sch 2 cl 3
Character Range: 16745–17664

3  After subsection 3(4A)
Insert:

 (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.