Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 26

Delegation to staff members of ASIC

  (1)   The Commission may, by resolution, delegate:

  (a)   any of its functions and powers under or in relation to Parts VI and XI and the Australian Consumer Law; and

  (b)   any of its powers under Part   XII that relate to those Parts or the Australian Consumer Law;

to a staff member of ASIC.

  (2)   The Commission must not delegate a function or power under subsection   (1) unless the Chairperson of ASIC has agreed to the delegation in writing.

Delegations relating to Part   IVD or the consumer data rules

  (3)   The Commission may, by resolution and in accordance with subsection   (5), delegate any of its functions and powers under:

  (a)   Part   VI; or

  (b)   Division   5 of Part   XI; or

  (c)   section   155;

to the extent that the functions or powers relate to Part   IVD or the consumer data rules.

Note:   Division   5 of Part   XI relates to the consumer data rules in the way described in section   56BM.

  (4)   A member of the Commission may, by writing and in accordance with subsection   (5), delegate any of the member's functions and powers under section   155 to the extent that the functions or powers relate to Part   IVD or the consumer data rules.

  (5)   A delegation under subsection   (3) or (4) of a function or power may be:

  (a)   to the Information Commissioner; or

  (b)   to a member of the staff of the Office of the Australian Information Commissioner referred to in section   23 of the Australian Information Commissioner Act 2010 ;

if:

  (c)   the Information Commissioner agrees to the delegation in writing; and

  (d)   in the case of a delegation to a staff member referred to in paragraph   (b)--the Information Commissioner 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.