50Delegation by Commissioner

50 Delegation by Commissioner

(1) The Commissioner may, in writing, delegate to a member of the staff mentioned in section 47 any or all of the Commissioner’s functions or powers under: (a) this Act; or (b) the rules; or (c) the Regulatory Powers Act as it applies in relation to this Act.

Note: Sections 34AA to 34A of the Acts Interpretation Act 1901 contain provisions relating to delegations.

(2) Despite subsection (1), the Commissioner must not delegate: (a) functions or powers under the following provisions: (i) section 112 (directions); (ii) section 126 (data codes); (iii) section 127 (guidelines); or (b) a regulatory function, or a power in relation to a regulatory function, to the extent that the function would be performed, or the power exercised, by a delegate in relation to the Department in which the delegate is an APS employee; or (c) functions or powers under Part 4.3 (National Data Advisory Council). (3) In performing functions or exercising powers under the delegation, the delegate must comply with any written directions of the Commissioner. (4) If the Commissioner delegates functions or powers under this section, the Commissioner must make publicly available information about the persons or class of persons to whom the functions or powers are delegated.