Recycling and Waste Reduction Act 2020

If the CEO authorises a person to be an authorised officer, the authorisation is subject to:

the conditions (if any) in relation to the authorisation prescribed by the rules (other than any of those conditions that the CEO decides are not to be conditions of the authorisation); and

any additional conditions that the CEO considers appropriate; and

if the person is authorised to be a third party authorised officer—the condition that the officer must comply with subsections (2) and (3).

A person who is third party authorised officer may commit an offence or be liable to a civil penalty if the person contravenes a condition of the person’s authorisation (see section 127).

If a person who is a Commonwealth authorised officer or a State or Territory authorised officer contravenes a condition of the person’s authorisation, the person may breach a code of conduct that applies to the person (see, for example, the Code of Conduct under the Public Service Act 1999).

A decision to authorise a person to be a third party authorised officer subject to additional conditions is a reviewable decision (see section 151).

A third party authorised officer must give written notice to the CEO of each interest, pecuniary or otherwise, that the authorised officer acquires and that conflicts or could conflict with the proper performance of the authorised officer’s functions or exercise of the authorised officer’s powers.

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).

A third party authorised officer who is required to give notice of an interest under subsection (2) must give the notice as soon as practicable after the authorised officer acquires the interest.