Attorney-General (Additional Functions) Act 2014

This Act is the Attorney-General (Additional Functions) Act 2014.

In this Act, unless the context otherwise requires —“administrative decision” means a decision of an administrative character which is, is proposed to be, or is required to be, made (whether or not in the exercise of a discretion and whether before, on or after 1 January 2015) under any public Act;“instrument of legislative character” includes an instrument of legislative character made before 1 January 2015 under any public Act;“judicial review” includes proceedings instituted by way of —(a)an application in respect of an administrative decision for a Mandatory Order, Prohibiting Order or Quashing Order, or in respect of an instrument of legislative character for a Quashing Order; or(b)an application for a declaration or an injunction, or any other suit or action, relating to or arising out of any administrative decision or instrument of legislative character;“relevant statutory board” means any statutory board specified in the Schedule;“statutory board” means a body corporate or unincorporate established by or under any public Act to perform or discharge a public function.

“administrative decision” means a decision of an administrative character which is, is proposed to be, or is required to be, made (whether or not in the exercise of a discretion and whether before, on or after 1 January 2015) under any public Act;

“instrument of legislative character” includes an instrument of legislative character made before 1 January 2015 under any public Act;

“judicial review” includes proceedings instituted by way of —(a)an application in respect of an administrative decision for a Mandatory Order, Prohibiting Order or Quashing Order, or in respect of an instrument of legislative character for a Quashing Order; or(b)an application for a declaration or an injunction, or any other suit or action, relating to or arising out of any administrative decision or instrument of legislative character;

“relevant statutory board” means any statutory board specified in the Schedule;

“statutory board” means a body corporate or unincorporate established by or under any public Act to perform or discharge a public function.

—(1) The Attorney‑General may represent a relevant statutory board in —(a)a judicial review instituted by any person in respect of an administrative decision or instrument of legislative character of the relevant statutory board; and(b)any proceedings in court (however instituted) for a liquidated sum, damages, equitable relief or restitution if a Mandatory Order, Prohibiting Order, Quashing Order or declaration is made pursuant to the judicial review,if —(c)the relevant statutory board makes a request to the Attorney‑General for such representation;(d)the Minister charged with the responsibility for the relevant statutory board consents to such representation;(e)the Attorney‑General is of the opinion that the Government and the relevant statutory board have no conflicting interests in the matter; and(f)the Attorney‑General is of the opinion that such representation is not contrary to the public interest.(2) Any decision made by the Attorney‑General to, or not to, represent a relevant statutory board pursuant to subsection (1) is final and conclusive.

The Attorney‑General may represent a relevant statutory board in —(a)a judicial review instituted by any person in respect of an administrative decision or instrument of legislative character of the relevant statutory board; and(b)any proceedings in court (however instituted) for a liquidated sum, damages, equitable relief or restitution if a Mandatory Order, Prohibiting Order, Quashing Order or declaration is made pursuant to the judicial review,if —(c)the relevant statutory board makes a request to the Attorney‑General for such representation;(d)the Minister charged with the responsibility for the relevant statutory board consents to such representation;(e)the Attorney‑General is of the opinion that the Government and the relevant statutory board have no conflicting interests in the matter; and(f)the Attorney‑General is of the opinion that such representation is not contrary to the public interest.

Any decision made by the Attorney‑General to, or not to, represent a relevant statutory board pursuant to subsection (1) is final and conclusive.

—(1) The Attorney‑General may represent a relevant statutory board in other proceedings in court (however instituted) not mentioned in section 3(1), if —(a)the relevant statutory board makes a request to the Attorney‑General for such representation;(b)the Minister charged with the responsibility for the relevant statutory board consents to such representation;(c)the Attorney‑General is of the opinion that the Government and the relevant statutory board have no conflicting interests in the matter; and(d)the Attorney‑General is of the opinion that the proceedings concern a matter of public importance.(2) Any decision made by the Attorney‑General to, or not to, represent a relevant statutory board pursuant to subsection (1) is final and conclusive.

The Attorney‑General may represent a relevant statutory board in other proceedings in court (however instituted) not mentioned in section 3(1), if —(a)the relevant statutory board makes a request to the Attorney‑General for such representation;(b)the Minister charged with the responsibility for the relevant statutory board consents to such representation;(c)the Attorney‑General is of the opinion that the Government and the relevant statutory board have no conflicting interests in the matter; and(d)the Attorney‑General is of the opinion that the proceedings concern a matter of public importance.

Any decision made by the Attorney‑General to, or not to, represent a relevant statutory board pursuant to subsection (1) is final and conclusive.

The Attorney‑General may require a relevant statutory board to pay a fee of such reasonable amount as the Attorney‑General determines for representing the relevant statutory board in any proceedings in court mentioned in section 3 or 4, and that fee is to be a charge on the funds of that statutory board.

The President may, by order in the Gazette, amend the Schedule.