AustLII Tasmanian Numbered Acts

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BIOSECURITY ACT 2019 (NO. 22 OF 2019) - SECT 31

Division 3 - Authorised officers Authorised officers

(1)  The Secretary may appoint one or more of the following persons to be an authorised officer:
(a) a State Service officer or State Service employee;
(b) an employee of a council;
(c) an employee of the Commonwealth or of another State;
(d) an employee of an entity prescribed for the purposes of this section;
(e) a person who has entered into a contract, or who is employed by an organisation that has entered into a contract, with the Crown to perform a function under this Act.
(2)  A State Service officer, State Service employee, employee of a council, employee of the Commonwealth or of another State, or an employee of an organisation referred to in subsection (1)(d) or (e) , may hold the office of authorised officer in conjunction with that employment.
(3)  The Secretary may only appoint a person as an authorised officer under subsection (1) if the Secretary is satisfied that the person –
(a) is a suitable person to be appointed as an authorised officer; and
(b) holds the qualifications, skills, knowledge and experience to perform the functions of an authorised officer; and
(c) holds any qualifications, skills, knowledge and experience that are prescribed for the purposes of this section.
(4)  The Minister may enter into an agreement with the relevant Minister of the Commonwealth, or another State, in relation to the performance of the functions of an authorised officer by an employee of the Commonwealth, or the other State, appointed under subsection (1) .
(5)  An appointment under subsection (1) may be –
(a) on such terms and conditions as are specified in the instrument of appointment; and
(b) for such period specified in the instrument of appointment or, if no time is so specified, until such time as the appointment is revoked.
(6)  The Secretary may, at any time –
(a) revoke an appointment of an authorised officer; or
(b) impose, vary or revoke a term or condition specified in an instrument of appointment for an authorised officer.
(7)  If the Secretary takes an action under subsection (6) in respect of an employee of the Commonwealth or of another State appointed as an authorised officer under subsection (1) , the Secretary is to notify the relevant Minister of the Commonwealth, or that State, in writing of the action taken.
(8)  If a person appointed as an authorised officer under subsection (1) ceases to hold the office or position of employment that made him or her eligible to be appointed as an authorised officer, he or she ceases to be an authorised officer.
(9)  The Secretary may publish, as he or she thinks fit, details as to what qualifications, skills, knowledge and experience may be required for a person –
(a) to be appointed as an authorised officer under subsection (1) ; and
(b) to be authorised to perform specified functions as an authorised officer.



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