Document ID: chunk:federal_register_of_legislation:C2024C00841:section:24
Version: federal_register_of_legislation:C2024C00841
Segment Type: section
Provision Reference: s 24
Character Range: 73490–75388

24  Exercise of authority under warrant etc.

Who may exercise authority under warrant etc.
 (1) The authority conferred by a relevant warrant or relevant device recovery provision may be exercised on behalf of the Organisation only by:
 (a) the Director‑General; or
 (b) a person approved under subsection (2); or
 (c) a person included in a class of persons approved under subsection (2).

Approval of persons authorised to exercise authority under warrant etc.
 (2) The Director‑General or a person appointed under subsection (3) may, in writing, approve a person, or a class of persons, as people authorised to exercise, on behalf of the Organisation, the authority conferred by relevant warrants or relevant device recovery provisions.
 (2A) To avoid doubt, and without limiting subsection (2), if approval is given to a person or class of persons holding, occupying or performing the duties of an office or position, then the approval extends to such an office or position that comes into existence after the approval is given.
 (2B) Subsection (2A) does not, by implication, affect the interpretation of any other provision of this Act.
 (3) The Director‑General may, in writing, appoint a senior position‑holder, or a class of senior position‑holders, for the purposes of subsection (2).

Records of persons who exercise the authority
 (3A) The Director‑General must, as soon as practicable after the authority conferred by a relevant warrant or relevant device recovery provision is exercised on behalf of the Organisation, cause one or more written records to be made that identify each person who exercised that authority.

Definitions
 (4) In this section:
relevant device recovery provision means subsection 25A(8), 26B(5) or (6), 27A(3A), (3B) or (3C), 27E(6) or 27F(5).
relevant warrant means a warrant issued under this Division or under Division 3.

Subdivision B—Search warrants