46Interpretation

##### 46 Interpretation (1) In this Division, unless the contrary intention appears: > action means action taken by a Department or Commonwealth authority in relation to a Commonwealth employee in relation to his or her employment as a Commonwealth employee. > officer means: (a) in relation to a Department: (i) an officer or employee, within the meaning of the Public Service Act 1922, in the Department (including the principal officer of the Department); or (ii) any other person (not being a Minister) authorized to exercise powers or perform functions of the Department on behalf of the Department; and (b) in relation to a Commonwealth authority: (i) the person who constitutes, or is acting as the person who constitutes, the authority; (ii) a person who is, or is acting as, a member of the authority or is a deputy of such a member; (iii) a person who is employed in the service of, or is a member of the staff of, the authority, whether or not he or she is employed by the authority; or (iv) a person authorized by the authority to exercise any powers or perform any functions of the authority on behalf of the authority. > principal officer means: (a) in relation to a Department—the Secretary of the Department; and (b) in relation to a Commonwealth authority: (i) if the regulations declare an office to be the principal office in respect of the authority—the person holding, or performing the duties of, that office; or (ii) in any other case—the person who constitutes, or is acting as the person who constitutes, that authority or, if the authority is constituted by 2 or more persons, the person who is entitled to preside at any meeting of the authority at which he or she is present. (2) Where: (a) a person who is not an officer of a Department, or of a Commonwealth authority, for the purposes of this Division takes action in the exercise of a power or the performance of a function that the person is authorized to exercise or to perform, as the case may be, by reason of his or her holding an appointment made by, or by reason of authority given by, the Governor‑General, a Minister or the Secretary of a Department; and (b) the person does not exercise the power or perform the function by reason of his or her holding, or performing the duties of, an office established by, or in accordance with the provisions of, an enactment or by reason of his or her being a Judge of a court of, or a magistrate of, a State or Territory; the action shall be deemed to be taken, for the purposes of this Division, by the Department responsible for dealing with the matter in connection with which the action is taken. (3) Notwithstanding subsection (2), where a person is authorized to exercise a power or perform a function by reason of his or her holding an appointment made by, or by reason of authority given by, the Governor‑General, a Minister or the Secretary of a Department otherwise than under an enactment, the regulations may provide that action taken by the person in the exercise of that power or the performance of that function shall not be deemed to be taken, for the purposes of this Division, by the Department responsible for dealing with the matter in connection with which the action is taken. (4) For the purposes of this Division, action that is taken by an officer of a Department shall be deemed to be taken by the Department: (a) if the officer takes, or purports to take, the action by virtue of his or her being an officer of the Department, whether or not: (i) the action is taken for or in connection with, or as incidental to, the performance of the functions of the Department; or (ii) the taking of the action is within the duties of the officer; or (b) if the officer takes, or purports to take, the action in the exercise of powers or the performance of functions conferred on him or her by an enactment. (5) For the purposes of this Division, action that is taken by an officer of a Commonwealth authority shall be deemed to be taken by the authority: (a) if the officer takes, or purports to take, the action by virtue of his or her being an officer of the authority whether or not: (i) the action is taken for or in connection with, or as incidental to, the performance of the functions of the authority; or (ii) the taking of the action is within the duties of the officer; or (b) if the officer takes, or purports to take, the action in the exercise of powers or the performance of functions conferred on him or her by an enactment. (6) In this Division, unless the contrary intention appears, a reference to the taking of action includes a reference to: (a) the making of a decision or recommendation; (b) the formulation of a proposal; and (c) failure or refusal to take any action, to make a decision or recommendation or to formulate a proposal.