Appointment of authorised officers
26 Appointment of authorised officers
The
Minister may appoint a suitable person to be an authorised officer for the purposes of this Act.
A person appointed as an authorised officer may be—
a public sector employee; or
an officer or employee of a council; or
an employee of the Commonwealth or of another State; or
an employee of an entity prescribed for the purposes of this subsection; or
a person who has entered into a contract, or who is employed by an entity that has entered into a contract, with the Crown to perform a function under this Act.
The
Minister may enter into an agreement with a council in relation to the performance of the functions and the exercise of powers of an authorised officer by an officer or employee of the council appointed under subsection (1).
The
Minister may enter into an agreement with the Commonwealth, or another State, in relation to the performance of the functions and the exercise of powers of an authorised officer by an employee of the Commonwealth, or another State, appointed under subsection (1).
An appointment under subsection (1) may be made subject to such conditions as may be specified in the instrument of appointment (including a condition limiting the area within which, or the purposes for which, an appointee may perform the functions or exercise the powers of an authorised officer).
The
Minister may, at any time, revoke an appointment or vary a condition of an appointment.
In connection with the operation of subsection (6)—
if the Minister takes action under that subsection in respect of an officer or employee of a council, the Minister must notify the council in writing of the action taken; and
if the Minister takes action under that subsection in respect of an employee of the Commonwealth or of another State, the Minister must notify the relevant Minister of the Commonwealth, or that State, in writing of the action taken.
If a person appointed as an authorised officer under subsection (1) ceases to hold an office or position of employment that made the person eligible to be appointed as an authorised officer, the person ceases to be an authorised officer.
A person holding any of the following offices will be taken to have been appointed as an authorised officer for the purposes of this
Act:
fisheries officer under the Fisheries
Management Act 2007, other than a police officer;
authorised person under the Primary
Produce (Food Safety Schemes) Act 2004.
A person holding an appointment as an authorised officer by virtue of the operation of subsection (9) or the provisions of another Act may perform the functions or exercise the powers of an authorised officer subject to such conditions as the Minister may specify from time to time (including a condition limiting the area within which, or the purposes for which, the person may perform or exercise the functions or powers of an authorised officer).
This Act’s bill:Second reading speech
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