(1)

The Federal Safety Commissioner may, by written instrument, appoint any of the following persons as a Federal Safety Officer:

(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 under section 34.

(2)

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

(3)

The Federal Safety Commissioner is a Federal Safety Officer by force of this subsection.

(4)

In exercising powers or performing functions as a Federal Safety Officer, a Federal Safety Officer appointed under subsection (1) must comply with any directions of the Federal Safety 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 .