Law Enforcement (Controlled Operations) Act 1997

Except as provided by this section (and despite any other Act or law to the contrary)—

the functions of a chief executive officer under this Act may not be delegated to any other person, and

the functions of the Inspector under this Act with respect to the inspection of documentation referred to in section 8(3) may not be delegated to any other person.

A chief executive officer may delegate any of the chief executive officer’s functions under this Act (except this power of delegation) as follows—

in the case of the NSW Police Force—

to a police officer for the time being holding office as a Deputy Commissioner or an Assistant Commissioner, and

except for functions under Part 3A—to a police officer for the time being holding office as a Superintendent who is nominated from time to time by the Commissioner of Police for the purposes of this subsection (not more than two nominations being in force at any one time),

in the case of any other law enforcement agency—to a person for the time being holding a position prescribed by the regulations as a position to which functions under this Act may be delegated.

A position cannot be prescribed as a position to which functions under this Act may be delegated unless it is a position within the law enforcement agency concerned.

No more than one delegation may be in force under subsection (2)(b) at any one time, and no more than one position may be prescribed at any one time as a position to which functions under this Act may be delegated.

Subsection (4) does not apply in respect of the delegation of the functions of the chief executive officer of the Australian Criminal Intelligence Commission.

The functions of an Inspector under this Act with respect to the inspection of documentation referred to in section 8(3) may be delegated to an Assistant Inspector, or a member of staff of the Inspector, of the Law Enforcement Conduct Commission.