Authorisation of persons to be authorised officers
125 Authorisation of persons to be authorised officers
Commonwealth authorised officers and State or Territory authorised officers
The CEO may, in writing, authorise a person to be an authorised officer under this Act if:
the person is an officer or employee of:
the Commonwealth; or
an authority of the Commonwealth; or
the person is an officer or employee of:
a State or Territory; or
an authority of a State or Territory.
The CEO must not authorise an officer or employee of a State or Territory, or an authority of a State or Territory, to be an authorised officer unless an arrangement is in force under section 128 in relation to the officer or employee.
Third party authorised officers
A person who is not an officer or employee of the Commonwealth, an authority of the Commonwealth, a State or Territory, or an authority of a State or Territory may apply to the CEO to be a third party authorised officer.
CEO must decide whether to authorise person to be third party authorised officer
On receiving an application from a person made under subsection (3), the CEO must decide:
to authorise the person to be a third party authorised officer; or
to refuse to authorise the person to be a third party authorised officer.
A decision to refuse to authorise the person to be a third party authorised officer is a reviewable decision (see section 151) and the CEO must give the person written notice of the decision (see section 152).
The CEO may, in writing, authorise a person to be a third party authorised officer if:
the person has made an application under subsection (3); and
the person has given the CEO a written notice stating:
the interests, pecuniary or otherwise, of the person that conflict or could conflict with the proper performance of functions or exercise of powers by the person as an authorised officer; or
if the person has no such interests—that fact; and
any other requirement prescribed by the rules is met.
A Commonwealth authorised officer or a State or Territory authorised officer may be required under other legislation to disclose interests that conflict or could conflict with the proper performance of functions or exercise of powers by the person as an authorised officer (see, for example, the Public Governance, Performance and Accountability Act 2013).
Training and qualification requirements
The CEO must not authorise a person to be an authorised officer unless the CEO is satisfied that:
the person satisfies the training and qualification requirements determined under subsection (7); or
the person will satisfy those training and qualification requirements before the person exercises any powers, or performs any functions, as an authorised officer.
The CEO must determine, in writing, training and qualification requirements for authorised officers.
A determination made under subsection (7) is not a legislative instrument.
Instrument of authorisation
The instrument of authorisation of a person as an authorised officer:
must specify:
the functions and powers that the person may perform or exercise as an authorised officer under this Act; and
any conditions prescribed by the rules that the CEO has decided, under paragraph 126(1)(a), are not to be conditions of the authorisation; and
any additional conditions of the authorisation imposed under paragraph 126(1)(b); and
may specify the period during which the authorisation has effect.
This Act’s bill:Explanatory memorandumSecond reading speech
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