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) 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.