49Appointment of inspectors

#### 49 Appointment of inspectors (1) The Secretary may, in writing, appoint any of the following persons as an inspector: (a) an APS employee in the Department; (b) an employee of a State or Territory or an authority of a State or Territory. (2) The functions and powers conferred on a person as an inspector are subject to such conditions and restrictions as are specified in the person’s instrument of appointment. Prerequisites to appointment (3) The Secretary must not appoint a person as an inspector unless the Secretary is satisfied that the person has the knowledge or experience necessary to properly perform the functions or exercise the powers of an inspector for which the person is to be authorised. (4) The Secretary must not appoint an employee of a State or Territory or an authority of a State or Territory as an inspector without the agreement of the State or Territory. Directions to inspectors (5) An inspector appointed under subsection (1) must, in performing functions or exercising powers as such, comply with any directions of the Secretary. (6) If a direction is given under subsection (5) in writing, the direction is not a legislative instrument.