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Search and Surveillance Act 2012

General provisions in relation to search, surveillance, and inspection powers - Search warrants - Issuing of search warrant

108: Authorisation of issuing officers

You could also call this:

"Who can be chosen to give orders and make decisions as an issuing officer"

The Attorney-General can choose people to be issuing officers for up to 3 years. You might be chosen if you are a Justice of the Peace, Community Magistrate, Registrar, or Deputy Registrar. The Attorney-General must think you have enough knowledge and experience for the job.

The Attorney-General cannot choose an enforcement officer to be an issuing officer. You can be reappointed for another 3 years if the Attorney-General wants you to continue. The Attorney-General can also remove you from the job if you are not doing it properly.

If you are an issuing officer and you want to stop doing the job, you can resign by writing to the Attorney-General. The Attorney-General must remove you from the job if you become an enforcement officer. The Attorney-General can remove you for other reasons, such as not doing your job or behaving badly.

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Part 4General provisions in relation to search, surveillance, and inspection powers
Search warrants: Issuing of search warrant

108Authorisation of issuing officers

  1. The Attorney-General may authorise any Justice of the Peace, Community Magistrate, Registrar, Deputy Registrar, or other person to act as an issuing officer for a term, not exceeding 3 years, specified in the notice of authorisation.

  2. The Attorney-General may not authorise an enforcement officer to act as an issuing officer.

  3. The Attorney-General may not authorise any Justice of the Peace, Community Magistrate, Registrar, Deputy Registrar, or other person to act as an issuing officer unless the Attorney-General is satisfied that the person has sufficient knowledge, skill, and experience to act as an issuing officer.

  4. The Attorney-General may from time to time renew an authorisation granted under subsection (1) for a further term not exceeding 3 years specified in the notice of renewal.

  5. The Attorney-General may remove an issuing officer, other than a Judge, from office for neglect of duty, inability to perform the duties of office, bankruptcy, or misconduct, proved to the satisfaction of the Attorney-General.

  6. The Attorney-General must remove an issuing officer if he or she becomes an enforcement officer.

  7. Any issuing officer (other than a Judge) may at any time resign the office of issuing officer by notice in writing addressed to the Attorney-General.