Document ID: chunk:federal_register_of_legislation:C2024C00838:section:3
Version: federal_register_of_legislation:C2024C00838
Segment Type: section
Provision Reference: s 3
Character Range: 58351–60551

3                                                     any other authority (the relevant authority)  an authority (including the relevant authority):
                                                                                                    (a) exercising the powers, or performing the functions, of the relevant authority on the relevant day; or
                                                                                                    (b) determined under subsection (4).

 (3) The following instruments, as in force on the relevant day, or any earlier day, may be used to work out which authority is taken to be referred to under subsection (2):
 (a) an Administrative Arrangements Order;
 (b) a substituted reference order under section 19B.
Note: Substituted reference orders under section 19B may have effect in relation to days before the orders are made.
 (4) The Minister administering the Department of State of the Commonwealth that deals with the relevant matter may, by notifiable instrument, make a determination for the purposes of item 3 of the table in subsection (2).
Note 1: A determination may be amended or revoked in the same way as it is made (see subsection 33(3)).
Note 2: Notifiable instruments must be registered under the Legislation Act 2003, but they are not subject to parliamentary scrutiny or sunsetting under that Act.
 (5) To avoid doubt, if, because of this section, a provision of an agreement entered into by or on behalf of the Commonwealth is taken to require anything to be done by or in relation to any one of 2 or more Ministers, the provision is not taken to require it to be done in any particular case by or in relation to more than one of those Ministers.

Definition of authority
 (6) In this section:
authority means any of the following:
 (a) a Minister;
 (b) a Department of State of the Commonwealth;
 (c) any other Agency within the meaning of the Public Service Act 1999;
 (d) an office (including an APS employee's office and any other appointment or position), or the holder of an office.
Note: Offices are offices in and for the Commonwealth (see section 21). An example is the office of Secretary of a Department of State.