Document ID: chunk:federal_register_of_legislation:C2025C00095:section:3:p11
Version: federal_register_of_legislation:C2025C00095
Segment Type: section
Provision Reference: s 3 (pt 11/13)
Character Range: 39882–42395

officer of a registered PPO is taken to have been taken by the registered PPO if the officer takes, or purports to take, the action because he or she is an officer of the registered PPO, whether or not:
 (a) the action is taken for or in connection with, or as incidental to, the provision of a postal or similar service by the registered PPO; or
 (b) the taking of the action is within the duties of the officer.
 (6E) For the purposes of this Act, action that is taken by a person is deemed to be have been taken by a higher education provider if the person takes, or purports to take, the action because the person is the higher education principal executive officer, or a higher education officer, of the provider, whether or not:
 (a) the action is taken for or in connection with, or as incidental to:
 (i) performing services for or on behalf of the provider; or
 (ii) carrying out the person's powers, duties and functions as an employee in the provider's service, or as an officer of the provider; or
 (b) the taking of the action is within the person's duties as the higher education principal executive officer, or a higher education officer, of the provider.
 (7) In this Act, unless the contrary intention appears, a reference to the taking of action includes a reference to:
 (a) the making of a decision or recommendation;
 (b) the formulation of a proposal; and
 (c) failure or refusal to take any action, to make a decision or recommendation or to formulate a proposal.
 (7A) In this Act, unless the contrary intention appears, a reference to the Ombudsman of a State shall be read as a reference to a person performing, under a law of the State, functions similar to the functions performed by the Ombudsman.
 (7B) For the purposes of a provision of this Act (other than this subsection) in which a reference to the Ombudsman of a State occurs:
 (a) a reference to a State, in relation to the Ombudsman of a State, shall be read as including a reference to the Australian Capital Territory and a reference to the Northern Territory;
 (b) a reference to a law of a State, in relation to the Ombudsman of a State, shall be read as including a reference to an ACT enactment and a reference to an enactment of the Northern Territory; and
 (c) a reference to a Department or authority of a State, in relation to the Ombudsman of a State, shall be read as including a reference to:
 (i) the Australian Capital Territory; or
 (ii) a Territory authority as defined by section 3 of the Australian Capital