Document ID: chunk:federal_register_of_legislation:C2024C00742:section:360xag
Version: federal_register_of_legislation:C2024C00742
Segment Type: section
Provision Reference: s 360XAG
Character Range: 885085–886818

360XAG  Delegation by the Secretary
 (1) The Secretary may, in writing, delegate any or all of the Secretary's powers under this Division to:
 (a) the ACMA; or
 (b) an SES employee, or acting SES employee, in the Department.
Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.
 (2) In exercising a delegated power, the delegate must comply with any written directions of the Secretary.

Sub‑delegation by the ACMA
 (3) The ACMA may, by writing, delegate to:
 (a) a member of the ACMA; or
 (b) a person who is:
 (i) a member of the staff of the ACMA; and
 (ii) an SES employee or acting SES employee; or
 (c) a person who:
 (i) is a member of the staff of the ACMA; and
 (ii) holds, or is acting in, an Executive Level 1 or 2, or equivalent, position;
any or all of the powers that have been delegated by the Secretary to the ACMA under subsection (1).
 (4) If the ACMA delegates to a person (the second delegate) a power that has been delegated by the Secretary 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 Secretary.
 (5) If the ACMA is subject to directions in relation to the exercise of a power delegated by the Secretary to the ACMA under subsection (1), then:
 (a) the ACMA must give corresponding written directions to the second delegate; and
 (b) 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.
 (6) In exercising a delegated power, the second delegate must comply with any directions of the ACMA.

Division 6—Miscellaneous