(1)  The Secretary, by instrument in writing, may authorise persons to be scientific observers for the purposes of the scientific observer scheme.

(2)  Persons holding authorisations under subsection (1) are not subject to the State Service Act 2000 but a State Service officer or State Service employee may hold such an authorisation in conjunction with his or her State Service employment.

(3)  However, the Secretary must not authorise any of the following to be scientific observers:

(a) a fisheries officer;

(b) an assistant fisheries officer;

(c) a person who has any of the powers of a fisheries officer.