Telecommunications Act 1997

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

subsection 360H(3);

subsection 360H(5);

subsection 360H(7);

subsection 360H(11);

subsection 360HB(3);

subsection 360HB(7);

subsection 360K(1B);

subsection 360K(2);

subsection 360K(4);

subsection 360K(5);

subsection 360KB(2);

subsection 360KB(4);

subsection 360L(1);

subsection 360L(2);

subsection 360P(3);

subsection 360P(5);

subsection 360P(10);

subsection 360Q(4);

subsection 360Q(6);

subsection 360U(1);

subsection 360U(6);

subsection 360XA(1);

subsection 360Y(3).

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

The ACMA may, by writing, delegate to:

a member of the ACMA; or

a person who is:

a member of the staff of the ACMA; and

an SES employee or acting SES employee; or

a person who:

is a member of the staff of the ACMA; and

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

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.

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:

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

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.

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

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.

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