(1) A designated officer is an individual appointed by the Secretary, in writing, to be a designated officer for the purposes of this Act.
(2) The Secretary must not appoint an individual under subsection (1) unless:
(a) the individual is a Departmental employee; or
(b) both:
(i) the individual is a staff member of ASD; and
(ii) the Director - General of ASD has agreed to the appointment.
(3) The Secretary may, in writing, declare that each Departmental employee included in a specified class of Departmental employees is a designated officer.
(4) The Secretary may, in writing, declare that each staff member of ASD included in a specified class of staff members of ASD is a designated officer.
(5) The Secretary must not make a declaration under subsection (4) unless the Director - General of ASD has agreed to the declaration.
(6) For the purposes of this section, Departmental employee means an APS employee in the Department.
(7) For the purposes of this section, staff member of ASD has the same meaning as in the Intelligence Services Act 2001 .
(8) A declaration under this section is not a legislative instrument.