5Meaning of “decision”

#### 5 Meaning of “decision” 5 Meaning of “decision” > > (1) In this Act, decision includes any of the following— > > > > > (a) making, suspending, revoking or refusing to make an order or determination, > > > > > (b) giving, suspending, revoking or refusing to give a certificate, direction, approval, consent or permission, > > > > > (c) issuing, suspending, revoking or refusing to issue a licence, authority or other instrument, > > > > > (d) imposing a condition or restriction, > > > > > (e) making a declaration, demand or requirement, > > > > > (f) retaining, or refusing to deliver up, an article, > > > > > (g) doing or refusing to do any other act or thing. > > > (2) For the purposes of this Act— > > > > > (a) a decision is made under enabling legislation or this Act if it is made in the exercise (or purported exercise) of a function conferred or imposed by or under the enabling legislation or this Act, and > > > > > (b) a decision that purports to be made under enabling legislation or this Act is taken to be a decision made under the enabling legislation or this Act even if the decision was beyond the power of the decision-maker to make, and > > > > > (c) a refusal of a decision-maker to make a decision under enabling legislation or this Act because the decision-maker considers that the decision concerned cannot lawfully be made under the enabling legislation or this Act is taken to be a decision made under the enabling legislation or this Act to refuse to make the decision requested, and > > > > > (d) a failure by a decision-maker to make a decision within the period specified by enabling legislation or this Act for making the decision is taken to be a decision by the decision-maker at the end of the period to refuse to make the decision. > > **s 5:** Subst 2013 No 94, Sch 1 \[8\].