Competition and Consumer Act 2010

This section applies in relation to the following functions or powers (the safeguard enforcement functions or powers):

the Information Commissioner’s functions or powers under section 56ER;

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;

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.

The Information Commissioner may delegate, in writing, any of the safeguard enforcement functions or powers to:

the Commission; or

a member of the Commission; or

a member of the staff of the Commission referred to in section 27 of this Act.

However, the Information Commissioner must not delegate a safeguard enforcement function or power under subsection (2) unless:

the Commission has agreed to the delegation in writing; and

in the case of a delegation to a staff member referred to in paragraph (2)(c)—the Commission is satisfied that the staff member:

is an SES employee or acting SES employee; or

is holding or performing the duties of a sufficiently senior office or position for the function or power.