51Delegations by ACMA to others

#### 51 Delegations by ACMA to others (1) Subject to subsection (2) and section 53, the ACMA may, by writing, delegate any or all of its functions and powers to: (a) a member; or (b) an associate member, if the delegated function or power relates to a matter connected with an inquiry, investigation, hearing or other matter specified in the associate member’s instrument of appointment; or (c) a member of the ACMA staff; or (d) a person whose services are made available to the ACMA under subsection 55(1). (2) The ACMA may only delegate a power to make, vary or revoke an instrument that is a legislative instrument to a person under this section if: (a) the delegation is only for the purposes of one or both of the following: (i) giving effect to a policy or a decision of the ACMA; (ii) making changes of the kinds referred to in each paragraph of subsection 15X(2) of the Legislation Act 2003 (about editorial changes) to instruments made under that power; and (b) if the delegation is for the purposes of giving effect to a policy or a decision of the ACMA—having regard to what would be required, necessary or convenient to give effect to the policy or decision, the ACMA is satisfied that it is appropriate for a delegate to exercise the power; and (c) the person is: (i) a member; or (ii) an SES employee or an acting SES employee; or (iii) a person holding, or performing the duties of, an office or position that is at a level equivalent to that of an SES employee. > Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.