Delegation
79 Delegation
In this section —
intelligence agency has the meaning given in the Crimes Act 1914 (Commonwealth) section 15K;
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 superintendent; 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; or
in relation to an intelligence agency — a senior officer as defined in paragraphs (f) and (g) of the definition of senior officer in the Crimes Act 1914 (Commonwealth) section 15LH(3).
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.
An 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 granting, variation and cancellation of authorities (including conducting reviews under section 53, making applications under section 54 or 56, or making requests under section 58 or 69).
(4) A chief officer of an intelligence agency (within the meaning of paragraph (a) of the definition of chief officer in the Crimes Act 1914 (Commonwealth) section 15K) may delegate to a senior officer of the agency any of the chief officer’s functions under this Part relating to the making of applications under section 54 or 56.
This Act’s bill:Explanatory memorandumSecond reading speech
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