TASIn ForceAct
Magistrates Court (Administrative Appeals Division) Act 2001
10Conferral of jurisdiction to review reviewable decisions
Start here
Get a plain-English read of 10
Turn the raw legal text into a practical explanation grounded in Magistrates Court (Administrative Appeals Division) Act 2001.
### 10 Conferral of jurisdiction to review reviewable decisions
> > (1) The Court has jurisdiction under an enactment to review a decision (or a class of decisions) if the enactment provides that applications may be made to it for a review of any such decision (or class of decisions) made by a decision-maker –
> >
> > > > (a) in the exercise of functions conferred or imposed by or under the enactment; or
> > >
> > > > (b) in the exercise of any other functions of the decision-maker identified by the enactment.
>
> > (2) If an enactment makes provision for applications to be made to the Court in respect of a reviewable decision subject to certain conditions, the Court has jurisdiction under the enactment only if those conditions are satisfied.
>
> > (3) A provision of an enactment that provides that a decision-maker's decision is a reviewable decision extends to –
> >
> > > > (a) a decision made by a person to whom the function of making the reviewable decision has been delegated; or
> > >
> > > > (b) if the provision specifies the decision-maker 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; or
> > >
> > > > (c) a decision made by any other person authorised to exercise the function of making the reviewable decision.
>
> > (4) If a decision-maker makes a 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 Court specifies.