4Meaning of "decision"

### 4 Meaning of "decision" > > (1)  A decision includes any of the following: > > > > > > (a) making, suspending, revoking or refusing to make an order or determination; > > > > > > > (b) giving, suspending, revoking, terminating or refusing to give a certificate, direction, notice, approval, consent or permission; > > > > > > > (c) issuing, varying, suspending, cancelling, revoking or refusing to issue a licence, authority or other instrument; > > > > > > > (d) imposing a term, condition or restriction; > > > > > > > (e) making an assessment, declaration, demand, determination, reassessment, resolution or requirement; > > > > > > > (f) retaining, or refusing to deliver up, an article; > > > > > > > (g) doing, or refusing or failing to do, any other act or thing. > > > (2)  For the purposes of this Act, a decision is made under an enactment if it is made in the exercise (or purported exercise) of a function conferred or imposed by or under the enactment. > > > (3)  For the purposes of this Act (and without limiting [subsection (2)](#GS4@Gs2@EN) ), a decision that purports to be made under an enactment is taken to be a decision made under the enactment even if the decision was beyond the power of the decision-maker to make it. > > > (4)  For the purposes of this Act (and without limiting [subsection (2)](#GS4@Gs2@EN) ), a refusal of a decision-maker to make a decision under an enactment because the decision-maker considers that the decision concerned cannot lawfully be made under the enactment is taken to be a decision made under the enactment to refuse to make the decision requested. > > > (5)  For the purposes of this Act, a failure by a decision-maker to make a decision – > > > > > > (a) within the period specified by the enactment concerned 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; or > > > > > > > (b) in respect of which there is no law that fixes a period within which the decision is to be made, within a reasonable time is taken to be a decision by the decision-maker to refuse to make the decision; or > > > > > > > (c) within the period extended by the Court under [section 19](#GS19@EN) is taken to be a decision by the decision-maker at the end of that period to refuse to make the decision.