(1) A criminal law-enforcement agency may apply to an issuing authority for a stored communications warrant in respect of a person.
(2) The application must be made on the agency's behalf by:
(a) if the agency is referred to in subsection 39(2)--a person referred to in that subsection in relation to that agency; or
(i) the chief officer of the agency; or
(ii) an officer of the agency (by whatever name called) who holds, or is acting in, an office or position in the agency nominated under subsection (3).
(3) The chief officer of the agency may, in writing, nominate for the purposes of subparagraph (2)(b)(ii) an office or position in the agency that is involved in the management of the agency.
(4) A nomination under subsection (3) is not a legislative instrument.