SURVEILLANCE DEVICES ACT 2004 - SECT 6A Law enforcement agencies
SURVEILLANCE DEVICES ACT 2004 - SECT 6A
Law enforcement agencies(1) A body or officer mentioned in an item of column 1 of the table in subsection (6) or (7) is a law enforcement agency .
(2) The chief officer , of the law enforcement agency, is the person mentioned in column 2 of the item.
(3) A law enforcement officer , in relation to the law enforcement agency, is a person mentioned in column 3 of the item.
(4) An appropriate authorising officer , of the law enforcement agency, is a person mentioned in column 4 of the item.
(5) The chief officer of the law enforcement agency may authorise, in writing, a person to be an appropriate authorising officer of the agency if column 4 of the item so provides.
(6) This table deals with federal law enforcement agencies:
Federal law enforcement agencies | ||||
| Column 1 | Column 2 | Column 3 | Column 4 |
| ||||
5 | Australian Federal Police | the Commissioner of Police | (a) the Commissioner of Police; or (b) a Deputy Commissioner of Police; or (c) an AFP employee (within the meaning of the Australian Federal Police Act 1979 ); or (d) a special member; or (e) a person seconded to the Australian Federal Police | (a) the Commissioner of Police; or (b) a Deputy Commissioner of Police; or (c) a senior executive AFP employee the chief officer authorises under subsection (5) |
10 | National Anti - Corruption Commission | the National Anti - Corruption Commissioner | (a) the National Anti - Corruption Commissioner; or (b) a Deputy Commissioner (within the meaning of the National Anti - Corruption Commission Act 2022 ); or (c) a National Anti - Corruption Commission officer authorised under section 6B | (a) the National Anti - Corruption Commissioner; or (b) a Deputy Commissioner (within the meaning of the National Anti - Corruption Commission Act 2022 ); or (c) a National Anti - Corruption Commission officer who is an SES employee the chief officer authorises under subsection (5) |
15 | Australian Crime Commission | the Chief Executive Officer of the Commission | (a) the Chief Executive Officer; or (b) a person covered by a paragraph of the definition of member of the staff of the ACC in section 4 of the Australian Crime Commission Act 2002 | (a) the Chief Executive Officer; or (b) an executive level member of the staff of the ACC the chief officer authorises under subsection (5) |
(7) This table deals with State and Territory law enforcement agencies:
State and Territory law enforcement agencies | ||||
| Column 1 | Column 2 | Column 3 | Column 4 |
| ||||
5 | police force of a State or Territory
| the Commissioner of Police in the police force, or the person holding equivalent rank | (a) an officer (however described) of the police force; or (b) a person seconded to the police force | (a) the Commissioner or the person holding equivalent rank; or (b) an Assistant Commissioner or a person holding equivalent rank; or (c) a Superintendent or a person holding equivalent rank |
10 | Independent Commission Against Corruption of New South Wales | the Chief Commissioner of the Commission | an officer of the Commission (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)) | (a) the Chief Commissioner; or (b) a Commissioner; or (c) an Assistant Commissioner; or (d) an executive level officer of the Commission whom the chief officer authorises under subsection (5) |
15 | New South Wales Crime Commission | the Commissioner for the Commission | (a) a member of the Commission; or (b) a member of the staff of the Commission; (within the meaning of the New South Wales Crime Commission Act 1985 (NSW)) | (a) a member of the Commission; or (b) an executive level member of the Staff of the Commission the chief officer authorises under subsection (5) |
20 | Law Enforcement Conduct Commission of New South Wales | the Chief Commissioner of the Commission | an officer of the Commission (within the meaning of the Law Enforcement Conduct Commission Act 2016 (NSW)) | (a) the Chief Commissioner; or (b) the Commissioner for Integrity; or (c) an Assistant Commissioner, or an executive level member of staff of the Commission (within the meaning of that Act), the chief officer authorises under subsection (5) |
22 | Independent Broad - based Anti - corruption Commission of Victoria | the Commissioner of the Commission | an IBAC Officer (within the meaning of the Independent Broad - based Anti - corruption Commission Act 2011 (Vic.)) | (a) the Commissioner; or (b) a Deputy Commissioner of the Commission; or (c) the Chief Executive Officer of the Commission; or (d) an executive level sworn IBAC Officer (within the meaning of that Act) the chief officer authorises under subsection (5) |
25 | Crime and Corruption Commission of Queensland | the chairman of the Commission | an authorised commission officer (within the meaning of the Crime and Corruption Act 2001 (Qld)) | (a) the chairman; or (b) a senior executive officer (within the meaning of that Act) |
30 | Corruption and Crime Commission of Western Australia | the Commissioner of the Commission | an officer of the Commission (within the meaning of the Corruption and Crime Commission Act 2003 (WA)) | the Commissioner |
Independent Commission Against Corruption of South Australia | the Commissioner of the Commission | (a) the Commissioner; or (b) the Deputy Commissioner; or (c) a member of the staff of the Commission; or (d) an examiner or investigator (within the meaning of the Independent Commission Against Corruption Act 2012 (SA)) of the Commission | (a) the Commissioner; or (b) the Deputy Commissioner; or (c) an executive level member of the staff of the Commission the chief officer authorises under subsection (5) | |
(8) A person is executive level , in relation to a law enforcement agency of a State, if the person occupies an office or position at an equivalent level to that of:
(a) if the State is New South Wales--a Public Service senior executive (within the meaning of the Government Sector Employment Act 2013 (NSW)); or
(aa) if the State is Victoria--an executive (within the meaning of the Public Administration Act 2004 (Vic.)); or
(b) if the State is South Australia--an executive employee
(within the meaning of the Public Sector Act 2009 (SA)).