Commonwealth Consolidated Acts

RECYCLING AND WASTE REDUCTION ACT 2020 - SECT 125

Commonwealth authorised officers and State or Territory authorised officers

  (1)   The Secretary may, in writing, authorise a person to be an authorised officer under this Act if:

  (a)   the person is an officer or employee of:

  (i)   the Commonwealth; or

  (ii)   an authority of the Commonwealth; or

  (b)   the person is an officer or employee of:

  (i)   a State or Territory; or

  (ii)   an authority of a State or Territory.

  (2)   The Secretary must not authorise an officer or employee of a State or Territory, or an authority of a State or Territory, to be an authorised officer unless an arrangement is in force under section   128 in relation to the officer or employee.

Third party authorised officers

  (3)   A person who is not an officer or employee of the Commonwealth, an authority of the Commonwealth, a State or Territory, or an authority of a State or Territory may apply to the Secretary to be a third party authorised officer.

Secretary must decide whether to authorise person to be third party authorised officer

  (4)   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 section   151) and the Secretary must give the person written notice of the decision (see section   152).

  (5)   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 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

  (6)   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   (7); 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.

  (7)   The Secretary must determine, in writing, training and qualification requirements for authorised officers.

  (8)   A determination made under subsection   (7) is not a legislative instrument.

Instrument of authorisation

  (9)   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   126(1)(a), are not to be conditions of the authorisation; and

  (iii)   any additional conditions of the authorisation imposed under paragraph   126(1)(b); and

  (b)   may specify the period during which the authorisation has effect.