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.