Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.