30DQ  Designated officer

• (1)

  A designated officer is an individual appointed by the Secretary, in writing, to be a designated officer for the purposes of this Act.

• (2)

  The Secretary must not appoint an individual under subsection (1) unless:

  • (a)

    the individual is a Departmental employee; or

  • (b)

    both:

    • (i)

      the individual is a staff member of ASD; and

    • (ii)

      the Director‑General of ASD has agreed to the appointment.

• (3)

  The Secretary may, in writing, declare that each Departmental employee included in a specified class of Departmental employees is a designated officer.

• (4)

  The Secretary may, in writing, declare that each staff member of ASD included in a specified class of staff members of ASD is a designated officer.

• (5)

  The Secretary must not make a declaration under subsection (4) unless the Director‑General of ASD has agreed to the declaration.

• (6)

  For the purposes of this section, Departmental employee means an APS employee in the Department.

• (7)

  For the purposes of this section, staff member of ASD has the same meaning as in the Intelligence Services Act 2001.

• (8)

  A declaration under this section is not a legislative instrument.