Delegation by the chief officer of an interception agency
317ZR Delegation by the chief officer of an interception agency
The chief officer of an interception agency mentioned in an item of column 1 of the following table may, by writing, delegate any or all of the functions or powers of the chief officer under Division 2, 3 or 6 to a person mentioned in column 2 of the item.
Potential delegates | ||
|---|---|---|
Item | Column 1 | Column 2 |
Interception agency | Potential delegates | |
1 | Australian Federal Police | (a) a Deputy Commissioner (within the meaning of the Australian Federal Police Act 1979); or (b) a senior executive AFP employee (within the meaning of the Australian Federal Police Act 1979) |
3 | Australian Crime Commission | a member of the staff of the ACC (within the meaning of the Australian Crime Commission Act 2002) who is an SES employee or acting SES employee |
3A | National Anti‑Corruption Commission | a staff member of the NACC (within the meaning of the National Anti‑Corruption Commission Act 2022) who is a Deputy Commissioner, SES employee or acting SES employee |
4 | Police Force of a State or the Northern Territory | (a) an Assistant Commissioner of the Police Force or a person holding equivalent rank; or (b) a Superintendent of the Police Force or a person holding equivalent rank |
5 | Independent Commission Against Corruption of New South Wales | (a) a Commissioner (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)); or (b) an Assistant Commissioner (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)); or (c) an officer of the Commission (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)) (other than a person engaged under section 104B of that Act) who is at executive level |
6 | New South Wales Crime Commission | an officer of the Commission (within the meaning of the Crime Commission Act 2012 (NSW)) (other than a person engaged under subsection 74(2) of that Act) who is at executive level |
7 | Law Enforcement Conduct Commission of New South Wales | (a) a Commissioner (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)); or (b) a member of staff of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)) who is at executive level |
8 | Independent Broad‑based Anti‑corruption Commission of Victoria | (a) a Deputy Commissioner of the Commission (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)); or (b) the Chief Executive Officer (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)); or (c) a sworn IBAC Officer (within the meaning of the Independent Broad‑based Anti‑corruption Commission Act 2011 (Vic.)) who is at executive level |
9 | Crime and Corruption Commission of Queensland | a senior executive officer (within the meaning of the Crime and Corruption Act 2001 (Qld)) |
10 | Independent Commission Against Corruption of South Australia | (a) the Deputy Commissioner (within the meaning of the Independent Commission Against Corruption Act 2012 (SA)); or (b) a member of the staff of the Independent Commission Against Corruption of South Australia who is at executive level |
11 | Corruption and Crime Commission of Western Australia | an officer of the Commission (within the meaning of the Corruption, Crime and Misconduct Act 2003 (WA)) (other than a person engaged under section 182 of that Act) who is at executive level |
A delegate must comply with any written directions of the chief officer.
Executive level
For the purposes of this section, a person is at executive level, in relation to an interception agency of New South Wales, if the person occupies an office or position at an equivalent level to that of a Public Service senior executive (within the meaning of the Government Sector Employment Act 2013 (NSW)).
For the purposes of this section, a person is at executive level, in relation to an interception agency of Victoria, if the person occupies an office or position at an equivalent level to that of an executive (within the meaning of the Public Administration Act 2004 (Vic.)).
For the purposes of this section, a person is at executive level, in relation to an interception agency of South Australia, if the person occupies an office or position at an equivalent level to that of an executive employee (within the meaning of the Public Sector Act 2009 (SA)).
For the purposes of this section, a person is at executive level, in relation to an interception agency of Western Australia, if the person occupies an office or position at an equivalent level to that of a senior executive officer (within the meaning of the Public Sector Management Act 1994 (WA)).
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