Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 56EZ

  (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.