CRIMES ACT 1914

Part IAC - Assumed identities  

Division 7 - General  

SECTION 15LH   Delegation of chief officer ' s functions  

(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 Australian Commission for Law Enforcement Integrity:


(i) the Assistant Integrity Commissioner; or

(ii) a staff member of the Australian Commission for Law Enforcement Integrity who is an SES employee, or a person occupying an equivalent or higher position in the Australian Commission for Law Enforcement Integrity, and who is authorised in writing by the Integrity 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 ) - a senior ASIS intelligence officer designated by the Deputy Director-General of ASIS, or a person occupying an equivalent or higher position in ASIS; 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


(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.




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