# Meaning of purported privative clause decision

> act-s5E — as in force on 2026-06-04 — C2026C00232 · Compilation No. 171 — https://www.legislation.gov.au/C2026C00232/latest/text

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).