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.