150Appointment of authorised officers

150 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 Act: (a) a person who is an APS employee; (b) a person who is appointed or engaged (otherwise than under the Public Service Act 1999) by: (i) the Commonwealth; or (ii) a Commonwealth entity (within the meaning of the Public Governance, Performance and Accountability Act 2013); (c) a person: (i) who is appointed, employed or engaged by a State or Territory, or by a local governing body established by or under a law of a State or Territory; and (ii) who has responsibilities in relation to compliance and enforcement matters concerning control of regulated tobacco items, e‑cigarette products or both. (2) The Secretary must not appoint a person as an authorised officer unless the Secretary is satisfied that the person has suitable qualifications, training or experience to properly perform the functions, or exercise the powers, of an authorised officer. (3) The Secretary may appoint a person mentioned in paragraph (1)(c) as an authorised officer only with the agreement of the State or Territory concerned. (4) An authorised officer is appointed for the period specified in the instrument of appointment.

Note: An authorised officer is eligible for reappointment (see section 33AA of the Acts Interpretation Act 1901).