Delegation
43 Delegation
In this section —
senior officer means —
in relation to an authorising officer or chief officer who is the Commissioner of Police — a police officer of or above the rank of Commander; or
in relation to an authorising officer or chief officer who is the Chief Executive Officer of the Australian Crime Commission —
an SES employee as defined in the Australian Crime Commission Act 2002 (Commonwealth) section 4(1); or
a person holding a prescribed office in the Australian Crime Commission;
or
in relation to a chief officer who is the chief executive officer of the fisheries department — a fisheries officer holding a prescribed office in the department.
Except as provided by this section, and despite any other written law to the contrary, the functions of an authorising officer or chief officer under this Part cannot be delegated to any other person.
Except as provided in section 25(8), the authorising officer for, or chief officer of, a law enforcement agency may delegate to a senior officer any of his or her functions under this Part relating to the authorisation of controlled operations (including the variation and cancellation of authorities and the giving of notification under section 33(2)).
This Act’s bill:Explanatory memorandumSecond reading speech
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