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Water Act 2007
222EProhibitions on disclosure of information do not apply
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222E Prohibitions on disclosure of information do not apply
This Division has effect despite any law of the Commonwealth, a State or a Territory prohibiting disclosure of the information.
Part 10AA—Inspector‑General of Water Compliance (special powers)
Note: Section 9 clarifies the constitutional basis for this Part.
Division 1—Entry onto land etc.
Subdivision A—Authorised compliance officers
222G Appointment of authorised compliance officers
(1) The Inspector‑General may, by writing, appoint one or more individuals to be authorised compliance officers for the purposes of exercising the powers of an authorised compliance officer under this Division.
(2) To be eligible for appointment as an authorised compliance officer, an individual must:
(a) be any of the following:
(i) an APS employee;
(ii) an individual whose services are made available to the Inspector‑General under subsection 215S(2);
(iii) an individual who holds an office or position with a State or an authority of a State;
(iv) an individual whose services have been acquired by the Inspector‑General under a contract; and
(b) have a high level of expertise in one or more fields relevant to the performance of the duties of an authorised compliance officer under this Division.
(3) The Inspector‑General may appoint an individual mentioned in subparagraph (2)(a)(iii) to be an authorised compliance officer only if the relevant State or authority agrees to the appointment.
(4) The Inspector‑General must not appoint an individual mentioned in subparagraph (2)(a)(iv) to be an authorised compliance officer unless the Inspector‑General is satisfied that the individual is fit and proper to be an authorised compliance officer.
(5) In deciding, for the purposes of subsection (4), whether a person is fit and proper to be an authorised compliance officer, the Inspector‑General:
(a) must have regard to the matters prescribed by the regulations; and
(b) may also have regard to any other matter the Inspector‑General considers appropriate.
(6) Applications may be made to the Administrative Review Tribunal for review of a decision of the Inspector‑General, for the purposes of subsection (4), that an individual mentioned in subparagraph (2)(a)(iv) is not fit and proper to be an authorised compliance officer.
(7) In exercising powers or performing functions as an authorised compliance officer, an authorised compliance officer must comply with any written directions of the Inspector‑General.
222H Identity cards
(1) The Inspector‑General must issue an identity card to an authorised compliance officer.
(2) The identity card must:
(a) be in the form approved by the Inspector‑General; and
(b) contain a photograph that is no more than 5 years old of the authorised compliance officer.
(3) A person commits an offence of strict liability if:
(a) the person has been issued with an identity card under subsection (1); and
(b) the person ceases to be an authorised compliance officer; and
(c) the person does not return the identity card to the Inspector‑General within 14 days after ceasing to be an authorised compliance officer.
Penalty: 1 penalty unit.
(4) Subsection (3) does not apply if the identity card was lost or destroyed.
Note: A defendant bears an evidential burden in relation to the matter in this subsection: see subsection 13.3(3) of the Criminal Code.
(5) An authorised compliance officer must carry the identity card at all times when exercising powers or performing functions as an authorised compliance officer.
Subdivision B—Powers to enter land etc. for compliance purposes