CRIMES ACT 1914 - SECT 15LH Delegation of chief officer's functions

CRIMES ACT 1914 - SECT 15LH

  (1)   Except as provided by this section (and despite any other Act or law to the contrary) the functions of a chief officer under this Part may not be delegated to any other person.

  (2)   A chief officer may delegate to a senior officer of the law enforcement agency or the intelligence agency (as the case may be) any of the chief officer's functions under this Part relating to the granting, variation, cancellation and transfer of control of authorities (including, but not limited to conducting reviews under section   15KF, making applications under section   15KG, giving directions under section   15KL and making requests under section   15KI or 15KX).

  (3)   In this section:

"senior officer" means:

  (a)   in relation to the Australian Federal Police:

  (i)   any senior executive AFP employee of the Australian Federal Police within the meaning of section   25 of the Australian Federal Police Act 1979 ; or

  (ii)   any Deputy Commissioner of Police within the meaning of section   6 of the Australian Federal Police Act 1979 ; or

  (iii)   a person occupying a position in the Australian Federal Police that is equivalent to or higher than the positions mentioned in subparagraphs   (i) and (ii); and

  (b)   in relation to the Immigration and Border Protection Department--any SES employee in that Department; and

  (c)   in relation to the ACC--any SES employee who is a member of the staff of the ACC within the meaning of section   47 of the Australian Crime Commission Act 2002 , or a person occupying an equivalent or higher position in the ACC; and

  (d)   in relation to the National Anti - Corruption Commission:

  (i)   a National Anti - Corruption Deputy Commissioner; or

  (ii)   another staff member of the NACC who is an SES employee, or a person occupying an equivalent or higher position, and who is authorised in writing by the National Anti - Corruption Commissioner for the purposes of this provision; and

  (e)   in relation to the Australian Taxation Office--any Deputy Commissioner as defined in section   2 of the Taxation Administration Act 1953 , or a person occupying an equivalent or higher position in the Australian Taxation Office; and

  (f)   in relation to the Australian Security Intelligence Organisation--any senior position - holder within the meaning of the Australian Security Intelligence Organisation Act 1979 ; and

  (g)   in relation to the Australian Secret Intelligence Service ( ASIS )--an intelligence officer who holds, or is acting in, a position in ASIS that is equivalent to, or higher than, a position occupied by an SES employee; and

  (ga)   in relation to the Office of National Intelligence--an SES employee in the Office of National Intelligence, or a person occupying an equivalent or higher position in the Office of National Intelligence; and

  (gb)   in relation to the Australian Signals Directorate--an intelligence officer who holds, or is acting in, a position in the Australian Signals Directorate that is equivalent to, or higher than, a position occupied by an SES employee in the Australian Signals Directorate; and

  (h)   in relation to a Commonwealth agency specified in the regulations for the purposes of the definition of law enforcement agency --an officer specified in the regulations to be a senior officer of the agency.