s 5E
In forceMeaning of purported privative clause decision
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Part 1Preliminary
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).
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