40Change in occupancy of office

### 40 Change in occupancy of office > > (1)  If – > > > > > > (a) a person has, in the performance of the functions of an office, made a decision relating to which an application may be made to the Court under this Act; and > > > > > > > (b) the person no longer holds the office or, for whatever reason, is not performing the functions of the office – > > > > this Act has effect as if the decision had been made by the replacement person. > > > (2)  The reference in [subsection (1)](#GS40@Gs1@EN) to the replacement person for an office is a reference to – > > > > > > (a) the person for the time being holding or performing the functions of the office; or > > > > > > > (b) if there is no person for the time being holding or performing the functions of the office or the office no longer exists, the person specified by – > > > > > > > > > > (i) the Minister administering the enactment under which the decision was made; or > > > > > > > > > > > (ii) a person authorised in writing by the Minister for the purposes of this section.