39Appointment of authorised officers

39 Appointment of authorised officers

(1) The Secretary may, in writing, appoint any of the following persons as an authorised officer for the purposes of this Part: (a) a member of the Australian Defence Force who holds the rank of warrant officer or a higher rank; (b) an APS employee who holds an APS 6 position, or an equivalent or higher position, in the Department. (2) The Secretary must not appoint a person as an authorised officer unless the Secretary is satisfied that the person has suitable qualifications and experience to properly exercise the powers of an authorised officer. (3) An authorised officer must, in performing functions or exercising powers as an authorised officer, comply with any directions of the Secretary. (4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.