Document ID: chunk:federal_register_of_legislation:C2024C00838:section:19d
Version: federal_register_of_legislation:C2024C00838
Segment Type: section
Provision Reference: s 19D
Character Range: 60551–62723

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

Saving the validity of acts done by authorities
 (1) Subject to section 19E, 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.