Commonwealth Consolidated Acts

TELECOMMUNICATIONS ACT 1997 - SECT 360ZA

Delegation to the ACMA

  (1)   The Minister may, by writing, delegate to the ACMA any or all of the Minister's powers under the following provisions:

  (b)   subsection   360H(3);

  (c)   subsection   360H(5);

  (d)   subsection   360H(7);

  (e)   subsection   360H(11);

  (ea)   subsection   360HB(3);

  (eb)   subsection   360HB(7);

  (ec)   subsection   360K(1B);

  (ed)   subsection   360K(2);

  (ee)   subsection   360K(4);

  (ef)   subsection   360K(5);

  (eg)   subsection   360KB(2);

  (eh)   subsection   360KB(4);

  (ei)   subsection   360L(1);

  (ej)   subsection   360L(2);

  (f)   subsection   360P(3);

  (g)   subsection   360P(5);

  (h)   subsection   360P(10);

  (i)   subsection   360Q(4);

  (j)   subsection   360Q(6);

  (k)   subsection   360U(1);

  (l)   subsection   360U(6);

  (m)   subsection   360XA(1);

  (n)   subsection   360Y(3).

  (2)   In performing a delegated function or exercising a delegated power, the ACMA must comply with any written directions of the Minister.

Sub - delegation by the ACMA

  (3)   The ACMA may, by writing, delegate to:

  (a)   a member of the ACMA; or

  (b)   a person who is:

  (i)   a member of the staff of the ACMA; and

  (ii)   an SES employee or acting SES employee; or

  (c)   a person who:

  (i)   is a member of the staff of the ACMA; and

  (ii)   holds, or is acting in, an Executive Level 1 or 2, or equivalent, position;

any or all of the powers that have been delegated by the Minister to the ACMA under subsection   (1).

  (4)   If the ACMA delegates to a person (the second delegate ) a power that has been delegated by the Minister to the ACMA under subsection   (1), then that power, when exercised by the second delegate, is taken for the purposes of this Act to have been exercised by the Minister.

  (5)   If the ACMA is subject to directions in relation to the exercise of a power delegated by the Minister to the ACMA under subsection   (1), then:

  (a)   the ACMA must give corresponding written directions to the second delegate; and

  (b)   the ACMA may give other written directions (not inconsistent with those corresponding directions) to the second delegate in relation to the exercise of that power.

  (6)   In exercising a delegated power, the second delegate must comply with any directions of the ACMA.

Delegation to SES employees, or acting SES employees, in the Department

  (7)   The Minister may, by writing, delegate any or all of the Minister's powers under the provisions mentioned in subsection   (1) to an SES employee, or an acting SES employee, in the Department.

  (8)   In exercising a delegated power, the delegate must comply with any written directions of the Minister.