35Appointment of authorised officers

35 Appointment of authorised officers

(1) The Regulator may, in writing, appoint an APS employee who holds or performs the duties of an Executive Level 1 position, or an equivalent or higher position, as an authorised officer for the purposes of this Act. (2) The Regulator must not appoint a person as an authorised officer unless the Regulator is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an authorised officer. (3) An authorised officer must, in exercising powers as such, comply with any directions of the Regulator. (4) If a direction is given under subsection (3) in writing, the direction is not a legislative instrument.