19Custody managers for New South Wales Crime Commission or Australian Crime Commission investigations

19 Custody managers for New South Wales Crime Commission or Australian Crime Commission investigations

19 Custody managers for New South Wales Crime Commission or Australian Crime Commission investigations

(1) A police officer who is a member of the staff of the Commission or a member of the staff of the ACC may act as the custody manager for a detained person who is the subject of an investigation conducted by the Commission or the ACC respectively.

(2) The arresting or investigating officer for the person is not to act as the custody manager for the person unless—

(a) no other police officer who is a member of the staff of the Commission or a member of the staff of the ACC is available to act as the custody manager for the person, and

(b) written permission has been obtained in accordance with subclause (3).

(3) For the purposes of subclause (2), the written permission must be obtained from—

(a) in the case of Commission investigations—a person holding the position of Commissioner, Director, or Assistant Director, Investigations, of the Commission, or

(b) in the case of ACC investigations—a person holding the position of General Manager, National Operations, of the ACC.

(4) Written permission for the purposes of subclause (2) may be obtained by facsimile.

(5) In this clause—

ACC means the Australian Crime Commission established under the Australian Crime Commission Act 2002 of the Commonwealth.

a member of the staff of the ACC has the same meaning as in the Australian Crime Commission Act 2002 of the Commonwealth.

a member of the staff of the Commission has the same meaning as in section 74 of the Crime Commission Act 2012.

Commission means the New South Wales Crime Commission established under the Crime Commission Act 2012.