5EMeaning of purported privative clause decision

5E  Meaning of purported privative clause decision  (1) In this Act, purported privative clause decision means a decision purportedly made, proposed to be made, or required to be made, under this Act or under a regulation or other instrument made under this Act (whether in purported exercise of a discretion or not), that would be a privative clause decision if there were not:  (a) a failure to exercise jurisdiction; or  (b) an excess of jurisdiction; in the making of the decision.  (2) In this section, decision includes anything listed in subsection 474(3).