Commonwealth Consolidated Acts Commonwealth Consolidated ActsCommonwealth authorised officers and State or Territory authorised officers
(1) The Secretary may, in writing, authorise a person, or each person in a class of persons, to be an authorised officer under this Act if:
(a) the person, or each person in the class of persons, is an officer or employee of a Commonwealth body; or
(b) the person, or each person in the class of persons, is an officer or employee of a State or Territory body.
(2) The Secretary must not authorise an officer or employee of a State or Territory body to be an authorised officer unless an arrangement is in force under section 294 in relation to:
(a) the officer or employee; or
(b) a class of persons that includes the officer or employee.
Third party authorised officers
(3) A person who is not an officer or employee of a Commonwealth body or a State or Territory body may apply to the Secretary to be a third party authorised officer.
Requirements for applications
(4) An application under subsection (3) must:
(a) if the Secretary has approved, in writing, a manner for making an application--be made in an approved manner; and
(b) if the Secretary has approved a form for making an application:
(i) include the information required by the form; and
(ii) be accompanied by any documents required by the form; and
(c) include the information (if any) prescribed by the rules; and
(d) be accompanied by any documents prescribed by the rules.
Note: A person may commit an offence or be liable to a civil penalty if the person makes a false or misleading statement in an application or provides false or misleading information or documents (see sections 136.1, 137.1 and 137.2 of the Criminal Code and sections 367, 368 and 369 of this Act).
(5) An application is taken not to have been made if the application does not comply with the requirements referred to in subsection (4).
Secretary must decide whether to authorise person to be third party authorised officer
(6) On receiving an application from a person made under subsection (3), the Secretary must decide:
(a) to authorise the person to be a third party authorised officer; or
(b) to refuse to authorise the person to be a third party authorised officer.
Note: A decision to refuse to authorise the person to be a third party authorised officer is a reviewable decision (see Part 2 of Chapter 11) and the Secretary must give the person written notice of the decision (see section 382).
(7) The Secretary may, in writing, authorise a person to be a third party authorised officer if:
(a) the person has made an application under subsection (3); and
(b) the person has given the Secretary a written notice stating:
(i) the interests, pecuniary or otherwise, of the person that conflict or could conflict with the proper performance of functions or exercise of powers by the person as an authorised officer; or
(ii) if the person has no such interests--that fact; and
(c) any other requirement prescribed by the rules is, or has been, met.
Note: A Commonwealth authorised officer or a State or Territory authorised officer may be required under other legislation to disclose interests that conflict or could conflict with the proper performance of functions or exercise of powers by the person as an authorised officer (see, for example, the Public Governance, Performance and Accountability Act 2013 ).
Training and qualification requirements
(8) The Secretary must not authorise a person to be an authorised officer unless the Secretary is satisfied that:
(a) the person satisfies the training and qualification requirements determined under subsection (9); or
(b) the person will satisfy those training and qualification requirements before the person exercises any powers, or performs any functions, as an authorised officer.
(9) The Secretary must determine, in writing, training and qualification requirements for authorised officers.
(10) A determination made under subsection (9) is not a legislative instrument.
Instrument of authorisation
(11) The instrument of authorisation of a person as an authorised officer:
(a) must specify:
(i) the functions and powers that the person may perform or exercise as an authorised officer under this Act; and
(ii) any conditions prescribed by the rules that the Secretary has decided, under paragraph 292(1)(a), are not to be conditions of the authorisation; and
(iii) any additional conditions of the authorisation imposed under paragraph 292(1)(b); and
(b) may specify the period during which the authorisation has effect.