(1) The fact that the ACMA does not have a legal identity separate from the Commonwealth does not affect the performance of the ACMA's functions in making, or the exercise of the ACMA's powers to make, decisions relating to:
(a) the Commonwealth; or
(b) any authority of the Commonwealth that is not a body corporate.
(2) This section does not apply to decisions relating to bringing proceedings against the Commonwealth or such an authority.