36Appointment of infringement officers

36 Appointment of infringement officers

(1) The Regulator may, in writing, appoint an APS employee who holds or performs the duties of an Executive Level 2 position, or an equivalent or higher position, as an infringement officer for the purposes of this Act. (2) The Regulator must not appoint a person as an infringement officer unless the Regulator is satisfied that the person has the knowledge or experience necessary to properly exercise the powers of an infringement officer. (3) An infringement 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.