52Delegations by a Division

52 Delegations by a Division

(1) Subject to subsection (1A) and section 53, a Division may delegate all or any of the functions and powers delegated to it under section 50 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). (1A) A Division 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 Division; (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 Division—having regard to what would be required, necessary or convenient to give effect to the policy or decision, the Division 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.

(2) The delegation continues in force despite a change in the membership of the Division. (3) The delegation may be varied or revoked by the Division (whether or not there has been a change in the membership of the Division). (4) A certificate: (a) stating any matter with respect to a delegation under subsection (1); and (b) signed by: (i) a member in the Division; or (ii) an associate member who participated, or could have participated, in the making of the Division’s decision to make the delegation; is prima facie evidence of the matter. (5) A document purporting to be a certificate mentioned in subsection (4) is taken to be such a certificate and to have been duly given unless the contrary is established. (6) Sections 34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply to a delegation under this section in the same way as they apply to the delegation under section 50 to the Division.