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.
Sourced from the Federal Register of Legislation at 22 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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