sec.170Appointment

sec.170 Appointment

The chief executive may appoint any of the following persons as an authorised person— a public service employee; a health service employee; a person prescribed under a regulation. The chief executive officer of a local government may appoint any of the following persons as an authorised person for the local government and its area— an employee of the local government; if another local government consents—an employee of the other local government; another person under contract to the local government. The chief executive officers of 2 or more local governments may appoint an employee of, or another person under contract to, one of the local governments to be an authorised person for the local governments’ areas. A health service chief executive may appoint a person (a health service authorised person ) as an authorised person. The functions of a health service authorised person are to investigate, monitor and enforce compliance with the following provisions in relation to a relevant facility— section 127 (1) and (2) ; section 131 (1) and (2) ; section 223 to the extent it relates to a person smoking in contravention of a section mentioned in paragraph (a) or (b) . A conservation officer under the Nature Conservation Act 1992 is an authorised person and the functions of the officer are to investigate, monitor and enforce compliance with the following sections— section 153 ; section 223 to the extent it relates to a person smoking in contravention of section 153 (1) . A police officer is an authorised person and the functions of the officer are to investigate, monitor and enforce compliance with sections 65 and 161 to 161B . However, sections 171 , 173 , 176 and 177 do not apply in relation to a conservation officer or police officer as an authorised person. To remove any doubt, it is declared that the limited function of an authorised person under subsection (5) , (6) or (7) does not limit the powers the authorised person has under this part for the performance of the function. In this section— relevant facility , for a health service authorised person, means a facility at which a service is provided by the Service managed by the health service chief executive who appointed the authorised person. s 170 sub 2001 No. 20 s 27 ; 2004 No. 47 s 41 amd 2014 No. 65 s 61 ; 2016 No. 6 s 18 ; 2023 No. 16 s 51 ; 2024 No. 51 s 19 ; 2025 No. 27 s 13 (sec.170-ssec.1) The chief executive may appoint any of the following persons as an authorised person— a public service employee; a health service employee; a person prescribed under a regulation. (sec.170-ssec.2) The chief executive officer of a local government may appoint any of the following persons as an authorised person for the local government and its area— an employee of the local government; if another local government consents—an employee of the other local government; another person under contract to the local government. (sec.170-ssec.3) The chief executive officers of 2 or more local governments may appoint an employee of, or another person under contract to, one of the local governments to be an authorised person for the local governments’ areas. (sec.170-ssec.4) A health service chief executive may appoint a person (a health service authorised person ) as an authorised person. (sec.170-ssec.5) The functions of a health service authorised person are to investigate, monitor and enforce compliance with the following provisions in relation to a relevant facility— section 127 (1) and (2) ; section 131 (1) and (2) ; section 223 to the extent it relates to a person smoking in contravention of a section mentioned in paragraph (a) or (b) . (sec.170-ssec.6) A conservation officer under the Nature Conservation Act 1992 is an authorised person and the functions of the officer are to investigate, monitor and enforce compliance with the following sections— section 153 ; section 223 to the extent it relates to a person smoking in contravention of section 153 (1) . (sec.170-ssec.7) A police officer is an authorised person and the functions of the officer are to investigate, monitor and enforce compliance with sections 65 and 161 to 161B . (sec.170-ssec.8) However, sections 171 , 173 , 176 and 177 do not apply in relation to a conservation officer or police officer as an authorised person. (sec.170-ssec.9) To remove any doubt, it is declared that the limited function of an authorised person under subsection (5) , (6) or (7) does not limit the powers the authorised person has under this part for the performance of the function. (sec.170-ssec.10) In this section— relevant facility , for a health service authorised person, means a facility at which a service is provided by the Service managed by the health service chief executive who appointed the authorised person.