Persons who exercise powers are office holders
9 Persons who exercise powers are office holders
For the purposes of the State’s cross‑border laws, a person on whom a power is conferred under the law of a participating jurisdiction is taken to hold an office under that law.
Examples for this section:
1. Under the Court Security and Custodial Services Act 1999, a contractor may exercise powers to fulfil a contract for the provision of court security or custodial services. The contractor is taken to be, but is not appointed as, an officer of the court.
2. Under the Young Offenders Act 1994, an officer of the Department of Corrective Services may exercise powers in relation to young offenders. The officer’s local designation is, but the officer does not hold the office of, juvenile justice officer.
3. Under section 105, an authorised officer of SA or the NT may carry out a custodial order of the State but is not appointed as an authorised officer of the State.
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