(1) In this section
—
intelligence agency has the meaning given in the
Crimes Act 1914 (Commonwealth) section 15K;
senior officer means —
(a) in
relation to an authorising officer or chief officer who is the Commissioner of
Police — a police officer of or above the rank of superintendent; or
(b) in
relation to an authorising officer or chief officer who is the Chief Executive
Officer of the Australian Crime Commission —
(i)
an SES employee as defined in the
Australian Crime Commission Act 2002 (Commonwealth) section 4(1); or
(ii)
a person holding a prescribed office in the Australian
Crime Commission;
or
(c) in
relation to a chief officer who is the chief executive officer of the
fisheries department — a fisheries officer holding a prescribed office
in the department; or
(d) in
relation to an intelligence agency — a senior officer as defined in
paragraphs (f) and (g) of the definition of senior officer in the
Crimes Act 1914 (Commonwealth) section 15LH(3).
(2) Except as provided
by this section, and despite any other written law to the contrary, the
functions of an authorising officer or chief officer under this Part cannot be
delegated to any other person.
(3) An authorising
officer for, or chief officer of, a law enforcement agency may delegate to a
senior officer any of his or her functions under this Part relating to the
granting, variation and cancellation of authorities (including conducting
reviews under section 53, making applications under section 54 or 56, or
making requests under section 58 or 69).
(4) A chief officer of
an intelligence agency (within the meaning of paragraph (a) of the definition
of chief officer in the
Crimes Act 1914 (Commonwealth) section 15K) may
delegate to a senior officer of the agency any of the chief officer’s
functions under this Part relating to the making of applications under
section 54 or 56.