(1)

The ABC Commissioner may, by written instrument, appoint any of the following persons as an Australian Building and Construction Inspector ( ABC Inspector ):

(a) a person who is an employee of the Commonwealth or who holds an office or appointment under a law of the Commonwealth;
(b) a person who is an employee of a State or Territory or who holds an office or appointment under a law of a State or Territory;
(c) a consultant engaged by the ABC Commissioner under section 25.

(2)

The ABC Commissioner must not appoint a person referred to in paragraph (1)(c) as an ABC Inspector unless the ABC Commissioner is satisfied that the person is an appropriate person to be appointed as an ABC Inspector.

(3)

The ABC Commissioner is an ABC Inspector by force of this subsection.

(4)

In exercising powers or performing functions as an ABC Inspector, an ABC Inspector appointed under subsection (1) must comply with any directions of the ABC Commissioner.

(5)

If a direction under subsection (4) is of general application, the direction is a legislative instrument for the purposes of the Legislative Instruments Act 2003 .

(6)

If a direction under subsection (4) relates to a particular case, the direction is not a legislative instrument for the purposes of the Legislative Instruments Act 2003 .