Crimes Legislation Amendment (Powers, Offences and Other Measures) Act 2015 (153 of 2015)
Schedule 15 State law enforcement agencies
Part 1 Main amendments
Surveillance Devices Act 2004
29 Section 6A
Repeal the section, substitute:
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 |
|
|
Law enforcement agency |
Chief officer |
Law enforcement officer |
Appropriate authorising officer |
|
|
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 |
Australian Commission for Law Enforcement Integrity |
the Integrity Commissioner |
(a) the Integrity Commissioner; or (b) an Assistant Integrity Commissioner; or (c) a staff member of ACLEI (within the meaning of the Law Enforcement Integrity Commissioner Act 2006) authorised under section 6B |
(a) the Integrity Commissioner; or (b) an Assistant Integrity Commissioner; or (c) a staff member of ACLEI 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 |
|
|
Law enforcement agency |
Chief officer |
Law enforcement officer |
Appropriate authorising officer |
|
|
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 Commissioner for the Commission |
an officer of the Commission (within the meaning of the Independent Commission Against Corruption Act 1988 (NSW)) |
(a) the Commissioner; or (b) an Assistant Commissioner; or (c) an executive level officer of the Commission who 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 |
Police Integrity Commission of New South Wales |
the Commissioner for the Commission |
an officer of the Commission (within the meaning of the Police Integrity Commission Act 1996 (NSW)) |
(a) the Commissioner; or (b) an Assistant Commissioner; or (c) an executive level member of the Staff of the Commission (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 |
|
35 |
Independent Commissioner Against Corruption of South Australia |
the Commissioner |
(a) the Commissioner; or (b) the Deputy Commissioner; or (c) a member of the staff of the Commissioner (within the meaning of the Independent Commissioner Against Corruption Act 2012 (SA)); or (d) an examiner or investigator (within the meaning of that Act) |
(a) the Commissioner; or (b) the Deputy Commissioner; or (c) an executive level member of the staff of the Commissioner 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 senior executive officer (within the meaning of the Public Sector Employment and Management Act 2002 (NSW)); or
(b) if the State is South Australia - an executive employee (within the meaning of the Public Sector Act 2009 (SA)).