Document ID: chunk:federal_register_of_legislation:C2021A00098:clause:1_27kbb
Version: federal_register_of_legislation:C2021A00098
Segment Type: clause
Provision Reference: sch 1 cl 27KBB
Character Range: 12766–15549

27KBB  Endorsement of application—Australian Crime Commission
 (1) A law enforcement officer of the Australian Crime Commission (or another person on the law enforcement officer's behalf) must not make an application for the issue of a data disruption warrant unless the making of the application has been endorsed, either orally or in writing, by an endorsing officer of the Australian Crime Commission.
 (2) An endorsing officer of the Australian Crime Commission must not endorse the making of an application for the issue of a data disruption warrant unless the endorsing officer is satisfied that the making of the application is appropriate in all the circumstances.
 (3) For the purposes of this section, an endorsing officer of the Australian Crime Commission means:
 (a)  a law enforcement officer of the Australian Crime Commission who is declared, in writing, by the chief officer of the Australian Crime Commission to be an endorsing officer of the Australian Crime Commission; or
 (b)  a person who is in a class of law enforcement officers of the Australian Crime Commission that is declared, in writing, by the chief officer of the Australian Crime Commission to be a class of endorsing officers of the Australian Crime Commission.
 (4) The chief officer of the Australian Crime Commission must not make a declaration under paragraph (3)(a) in relation to a law enforcement officer of the Australian Crime Commission unless:
 (a) the law enforcement officer is an executive level member of the staff of the Australian Crime Commission; and
 (b) the chief officer is satisfied that the law enforcement officer has the relevant skills, knowledge and experience to endorse the making of applications for the issue of data disruption warrants; and
 (c) the chief officer is satisfied that the law enforcement officer has completed all current internal training requirements relating to endorsing the making of applications for the issue of data disruption warrants.
 (5) The chief officer of the Australian Crime Commission must not make a declaration under paragraph (3)(b) in relation to a class of law enforcement officers of the Australian Crime Commission unless:
 (a) each person in that class is an executive level member of the staff of the Australian Crime Commission; and
 (b) the chief officer is satisfied that each person in that class has the relevant skills, knowledge and experience to endorse the making of applications for the issue of data disruption warrants; and
 (c) the chief officer is satisfied that each person in that class has completed all current internal training requirements relating to endorsing the making of applications for the issue of data disruption warrants.
 (6) A declaration under this section is not a legislative instrument.