26Delegation by Commission of certain functions and powers

26  Delegation by Commission of certain functions and powers Delegation to staff members of ASIC  (1) The Commission may, by resolution, delegate:  (a) any of its functions and powers under or in relation to Parts VI and XI and the Australian Consumer Law; and  (b) any of its powers under Part XII that relate to those Parts or the Australian Consumer Law; to a staff member of ASIC.  (2) The Commission must not delegate a function or power under subsection (1) unless the Chairperson of ASIC has agreed to the delegation in writing. Delegations relating to Part IVD or the consumer data rules  (3) The Commission may, by resolution and in accordance with subsection (5), delegate any of its functions and powers under:  (a) Part VI; or  (b) Division 5 of Part XI; or  (c) section 155; to the extent that the functions or powers relate to Part IVD or the consumer data rules. Note: Division 5 of Part XI relates to the consumer data rules in the way described in section 56BM.  (4) A member of the Commission may, by writing and in accordance with subsection (5), delegate any of the member’s functions and powers under section 155 to the extent that the functions or powers relate to Part IVD or the consumer data rules.  (5) A delegation under subsection (3) or (4) of a function or power may be:  (a) to the Information Commissioner; or  (b) to a member of the staff of the Office of the Australian Information Commissioner referred to in section 23 of the Australian Information Commissioner Act 2010; if:  (c) the Information Commissioner agrees to the delegation in writing; and  (d) in the case of a delegation to a staff member referred to in paragraph (b)—the Information Commissioner is satisfied that the staff member:  (i) is an SES employee or acting SES employee; or  (ii) is holding or performing the duties of a sufficiently senior office or position for the function or power.