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WATER ACT 2007 - SECT 222G

Appointment of authorised compliance officers

  (1)   The Inspector - General may, by writing, appoint one or more individuals to be authorised compliance officers for the purposes of exercising the powers of an authorised compliance officer under this Division.

  (2)   To be eligible for appointment as an authorised compliance officer, an individual must:

  (a)   be any of the following:

  (i)   an APS employee;

  (ii)   an individual whose services are made available to the Inspector - General under subsection   215S(2);

  (iii)   an individual who holds an office or position with a State or an authority of a State;

  (iv)   an individual whose services have been acquired by the Inspector - General under a contract; and

  (b)   have a high level of expertise in one or more fields relevant to the performance of the duties of an authorised compliance officer under this Division.

  (3)   The Inspector - General may appoint an individual mentioned in subparagraph   (2)(a)(iii) to be an authorised compliance officer only if the relevant State or authority agrees to the appointment.

  (4)   The Inspector - General must not appoint an individual mentioned in subparagraph   (2)(a)(iv) to be an authorised compliance officer unless the Inspector - General is satisfied that the individual is fit and proper to be an authorised compliance officer.

  (5)   In deciding, for the purposes of subsection   (4), whether a person is fit and proper to be an authorised compliance officer, the Inspector - General:

  (a)   must have regard to the matters prescribed by the regulations; and

  (b)   may also have regard to any other matter the Inspector - General considers appropriate.

  (6)   Applications may be made to the Administrative Review Tribunal for review of a decision of the Inspector - General, for the purposes of subsection   (4), that an individual mentioned in subparagraph   (2)(a)(iv) is not fit and proper to be an authorised compliance officer.

  (7)   In exercising powers or performing functions as an authorised compliance officer, an authorised compliance officer must comply with any written directions of the Inspector - General.



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