Document ID: chunk:federal_register_of_legislation:C2025C00095:section:5:p2
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 5 (pt 2/3)
Character Range: 54873–57449

Directorate;
 (v) the part of the Department of Defence known as the Defence Intelligence Organisation;
 (vi) the Office of National Intelligence; or
 (g) action taken by a Department or by a prescribed authority with respect to the appointment of a person to an office or position established by or under an enactment, not being an office or position in the Australian Public Service or an office in the service of a prescribed authority.
 (3) The reference in paragraph (2)(a) to action taken by a Minister does not include a reference to action taken by a delegate of a Minister, and, for the purposes of this subsection, action shall be deemed to have been taken by such a delegate notwithstanding that the action is taken in pursuance of a power that is deemed by a provision of an enactment, when exercised by the delegate, to have been exercised by the Minister.
 (3A) For the purposes of the application of this Act to or in relation to the Ombudsman, action taken by a Department or by a prescribed authority shall not be regarded as having been taken by a Minister by reason only that the action was taken by the Department or authority in relation to action that has been, is proposed to be, or may be, taken by a Minister personally.
 (4) Paragraph (2)(d) does not prevent the Ombudsman from investigating action taken by an AFP appointee, or by any other person, with respect to information that:
 (a) is given to the AFP appointee; and
 (b) raises an AFP conduct issue or AFP practices issue; and
 (c) relates to action taken by another AFP appointee.
 (5) The Ombudsman is not authorised to investigate action taken under:
 (a) a law of Western Australia in its application in the Territory of Christmas Island by virtue of the Christmas Island Act 1958; or
 (b) a law of Western Australia in its application in the Territory of Cocos (Keeling) Islands by virtue of the Cocos (Keeling) Islands Act 1955;
by a person employed by Western Australia.
 (6) The reference in subsection (5) to a person employed by Western Australia includes a reference to:
 (a) a person occupying, or acting in, an office or position under a law of Western Australia; and
 (b) a person employed by a body established by or under a law of Western Australia.
 (6A) The Ombudsman is not authorised to investigate action taken under a law of New South Wales, in its application in Norfolk Island by virtue of the Norfolk Island Act 1979, by a person employed by New South Wales.
 (6B) The reference in subsection (6A) to a person employed by New South Wales includes a reference to:
 (a)