122ADelegating the power to issue certificates of proficiency

#### 122A Delegating the power to issue certificates of proficiency (1) The ACMA may, by writing, delegate the power to issue a certificate of proficiency under section 121 to a body or organisation approved by the ACMA as mentioned in paragraph (b) of the definition of approved examination in subsection 122(2). (1A) If, under section 50 of the Australian Communications and Media Authority Act 2005, the ACMA has delegated the power referred to in subsection (1) of this section to a Division of the ACMA, the following provisions have effect: (a) the Division may delegate the power to a body or organisation referred to in subsection (1) of this section; (b) subsections 52(2), (3), (4), (5) and (6) of the Australian Communications and Media Authority Act 2005 have effect as if the delegation by the Division were a delegation under section 52 of that Act. (2) However, the delegate is not entitled to make a final decision refusing to issue a certificate of proficiency. If the delegate decides not to issue the certificate, the delegate must refer the application, for a final decision, to: (a) the ACMA, if the delegation to the delegate was under subsection (1); or (b) the Division that delegated the power, if the delegation to the delegate was under subsection (1A). (3) The powers conferred on the ACMA by subsection (1), and on a Division of the ACMA by subsection (1A), are in addition to the powers conferred by section 238 of this Act and by sections 50, 51 and 52 of the Australian Communications and Media Authority Act 2005.