Document ID: chunk:federal_register_of_legislation:C2023C00324:clause:2_19d
Version: federal_register_of_legislation:C2023C00324
Segment Type: clause
Provision Reference: sch 2 cl 19D
Character Range: 145656–147804

19D  Machinery of government changes—saving the validity of acts done by authorities

Saving the validity of acts done by authorities
 (1) The purported exercise or performance of a power, function or duty by or on behalf of an authority (see subsection (5)) is not invalid merely because, following a machinery of government change, the power, function or duty:
 (a) is conferred or imposed on another authority; or
 (b) is conferred or imposed on the same authority under another name or title; or
 (c) is no longer conferred or imposed on any authority.
 (2) Subsection (1) only applies if the authority acted on the basis of a reasonable, but mistaken, belief about the occurrence, timing or nature of the machinery of government change.

Machinery of government change
 (3) For the purposes of this section, a machinery of government change occurs if any of the following applies in relation to an authority:
 (a) the authority is abolished;
 (b) the name or title of the authority is changed;
 (c) there is a change in the matters dealt with by the authority because of the effect of an Administrative Arrangements Order;
 (d) the authority no longer exercises or performs the power, function or duty for any other reason.

Powers, functions and duties
 (4) This section applies in relation to a power, function or duty purportedly exercised or performed by or on behalf of an authority, whether before or after the machinery of government change, under any of the following:
 (a) an Act or legislative instrument;
 (b) an agreement entered into by or on behalf of the Commonwealth;
 (c) any other authorisation under a law of the Commonwealth.

Definition of authority
 (5) In this section:
authority means any of the following persons or bodies:
 (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.