56EZDelegation to the Commission etc.

56EZ Delegation to the Commission etc.

(1) This section applies in relation to the following functions or powers (the safeguard enforcement functions or powers):

(a) the Information Commissioner’s functions or powers under section 56ER;

(b) the Information Commissioner’s functions or powers under Part IIIC or V of the Privacy Act 1988, as those Parts apply because of sections 56ES and 56ET of this Act;

(c) the Information Commissioner’s functions or powers under Part 4, 6 or 7 of the Regulatory Powers Act, that are conferred because of this Subdivision.

(2) The Information Commissioner may delegate, in writing, any of the safeguard enforcement functions or powers to:

(a) the Commission; or

(b) a member of the Commission; or

(c) a member of the staff of the Commission referred to in section 27 of this Act.

(3) However, the Information Commissioner must not delegate a safeguard enforcement function or power under subsection (2) unless:

(a) the Commission has agreed to the delegation in writing; and

(b) in the case of a delegation to a staff member referred to in paragraph (2)(c)—the Commission 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.