Regulatory Reform Omnibus Act 2025 (73 of 2025)

Schedule 4   Amendments to increase government efficiency and improve productivity

Part 1   Increasing efficiency of the Australian Communications and Media Authority

Division 2   Delegations relating to instruments

Australian Communications and Media Authority Act 2005

5   After subsection 52(1)

Insert:

(1A) A Division may only delegate a power to make, vary or revoke an instrument that is a legislative instrument to a person under this section if:

(a) the delegation is only for the purposes of one or both of the following:

(i) giving effect to a policy or a decision of the Division;

(ii) making changes of the kinds referred to in each paragraph of subsection 15X(2) of the Legislation Act 2003 (about editorial changes)to instruments made under that power; and

(b) if the delegation is for the purposes of giving effect to a policy or a decision of the Division - having regard to what would be required, necessary or convenient to give effect to the policy or decision, the Division is satisfied that it is appropriate for a delegate to exercise the power; and

(c) the person is:

(i) a member; or

(ii) an SES employee or an acting SES employee; or

(iii) a person holding, or performing the duties of, an office or position that is at a level equivalent to that of an SES employee.

Note: The expressions SES employee and acting SES employee are defined in section 2B of the Acts Interpretation Act 1901.