9When administrative review jurisdiction is conferred

#### 9 When administrative review jurisdiction is conferred 9 When administrative review jurisdiction is conferred > > (1) The Tribunal has administrative review jurisdiction over a decision (or class of decisions) of an administrator if enabling legislation provides that applications may be made to the Tribunal for an administrative review under this Act of any such decision (or class of decisions) made by the administrator: > > > > > (a) in the exercise of functions conferred or imposed by or under the legislation, or > > > > > (b) in the exercise of any other functions of the administrator identified by the legislation. > > > (2) If enabling legislation makes provision for applications to be made to the Tribunal in respect of an administratively reviewable decision subject to certain conditions, the Tribunal has jurisdiction under the enabling legislation only if those conditions are satisfied. > > > (3) A provision of enabling legislation that provides for a decision of an administrator to be administratively reviewable by the Tribunal under this Act extends to the following: > > > > > (a) a decision made by a person to whom the function of making the decision has been delegated, > > > > > (b) if the provision specifies the administrator by reference to the holding of a particular office or appointment—a decision by any person for the time being acting in, or performing any of the duties of, the office or appointment, > > > > > (c) a decision made by any other person authorised to exercise the function of making the decision. > > > (4) If an administrator makes an administratively reviewable decision by reason of holding or performing the duties of an office or appointment and then ceases to hold or perform the duties of the office or appointment, this Act has effect as if the decision had been made by: > > > > > (a) the person for the time being holding or performing the duties of that office or appointment, or > > > > > (b) if there is no person for the time being holding or performing the duties of that office or appointment or the office no longer exists—such person as the President (or another person authorised by the President) specifies. > > > (5) Nothing in this section permits administrative review jurisdiction to be conferred on the Tribunal by a statutory rule unless the conferral of jurisdiction by such means is expressly authorised by another Act. > > **s 9:** Rep 2013 No 94, Sch 2.2 \[10\]. Ins 2013 No 94, Sch 2.2 \[11\].