10Staff members of law enforcement agencies

#### 10 Staff members of law enforcement agencies AFP staff members (1) The following are staff members of the AFP for the purposes of this Act: (a) the Commissioner (within the meaning of the Australian Federal Police Act 1979); (b) an AFP appointee (within the meaning of that Act). ACC staff members (2) The following are staff members of the ACC for the purposes of this Act: (a) the CEO of the ACC (within the meaning of the Australian Crime Commission Act 2002); (b) a person appointed under subsection 46B(1) of that Act; (c) a member of the staff referred to in subsection 47(1) of that Act; (d) a person engaged under subsection 48(1) of that Act; (e) a person referred to in section 49 of that Act whose services are made available to the ACC; (f) a legal practitioner appointed under section 50 of that Act to assist the ACC as counsel. Immigration and Border Protection Department staff members (2A) The following are staff members of the Immigration and Border Protection Department for the purposes of this Act: (a) the Secretary of the Immigration and Border Protection Department; (b) the Australian Border Force Commissioner (including in his or her capacity as the Comptroller‑General of Customs); (c) an APS employee in the Immigration and Border Protection Department; (d) a person covered by paragraph (d), (e) or (f) of the definition of officer of Customs in subsection 4(1) of the Customs Act 1901; (e) a person covered by paragraph (f) or (g) of the definition of officer in subsection 5(1) of the Migration Act 1958. AUSTRAC staff members (2B) The following are staff members of AUSTRAC for the purposes of this Act: (a) the AUSTRAC CEO (within the meaning of the Anti‑Money Laundering Act); (b) a member of the staff referred to in subsection 224(1) of that Act; (c) a consultant engaged under subsection 225(1) of that Act; (d) a person referred to in subsection 225(3) of that Act whose services are made available to the AUSTRAC CEO. Financial Transaction Reports Act AUSTRAC staff members (2C) The following are also staff members of AUSTRAC for the purposes of this Act: (a) the Director of AUSTRAC under the Financial Transaction Reports Act 1988, as in force before section 3 of the Anti‑Money Laundering Act commenced; (b) a member of the staff referred to in section 40 of the Financial Transaction Reports Act 1988 as so in force; (c) a consultant engaged under section 40A of the Financial Transaction Reports Act 1988 as so in force; (d) an officer or employee of another government agency whose services were made available to the Director of AUSTRAC while the Financial Transaction Reports Act 1988 was so in force, in connection with the performance of any of the Director’s functions. > Note: Section 3 of the Anti‑Money Laundering Act commenced on 13 December 2006. Agriculture Department staff members (2E) The following are staff members of the Agriculture Department for the purposes of this Act: (a) the Secretary of the Agriculture Department; (b) a person in a class of persons prescribed by regulation for the purposes of this subsection. Former NCA staff members (3) The following are staff members of the former NCA for the purposes of this Act: (a) a member of the former NCA; (b) a member of the staff of the former NCA referred to in subsection 47(1) of the former NCA Act; (c) a person engaged under subsection 48(1) of the former NCA Act; (d) a person referred to in section 49 of the former NCA Act whose services were made available to the former NCA; (e) a legal practitioner appointed under section 50 of the former NCA Act to assist the former NCA as counsel. Staff members of prescribed law enforcement agencies (4) For the purposes of this Act, the staff members of a Commonwealth government agency that is prescribed for the purposes of paragraph (d) of the definition of law enforcement agency are the persons in the class of persons prescribed by the regulations for the purposes of this subsection. Secondees (5) For the purposes of this Act: (a) a person is a secondee to the AFP if the person is referred to in paragraph (g) of the definition of AFP appointee in section 4 of the Australian Federal Police Act 1979; and (aa) a person is a secondee to the AFP if the person: (i) is referred to in paragraph (c) or (d) of the definition of AFP appointee in section 4 of the Australian Federal Police Act 1979; and (ii) is also an employee of another government agency; and (b) a person referred to in paragraph (2)(e) is a secondee to the ACC; and (ba) a person referred to in paragraph (2A)(d) or (e) is a secondee to the Immigration and Border Protection Department; and (bb) a person referred to in paragraph (2B)(d) or (2C)(d) is a secondee to AUSTRAC; and (bd) a person is a secondee to the Agriculture Department if a regulation provides that the person is a secondee of the Agriculture Department; and (c) a person referred to in paragraph (3)(d) is a secondee to the former NCA; and (d) a person is a secondee to a Commonwealth agency that is prescribed for the purposes of paragraph (d) of the definition of law enforcement agency if the regulations provide that the person is a secondee of that agency.