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Surveillance Devices Bill (No. 2) 2004

Part 7 Miscellaneous

   

63   Delegation by chief officer of law enforcement agency

                   The chief officer of a law enforcement agency may, by writing, delegate to a member of the staff of the agency who is an SES employee or a person of equivalent rank, all or any of the chief officer’s powers or functions.

64   Compensation for loss or injury

                   If:

                     (a)  a person suffers loss or injury as a result of the use by the Australian Federal Police or the Australian Crime Commission of a surveillance device; and

                     (b)  the use of that device:

                              (i)  is prohibited by the law of the State or Territory in which the use occurs; and

                             (ii)  is not in accordance with this Act;

the Commonwealth is liable to pay to the person who has suffered the loss or injury such compensation as is agreed on between the Commonwealth and that person or, in default of such an agreement, as is determined by action against the Commonwealth in a court of competent jurisdiction.

65   Regulations

             (1)  The Governor-General may make regulations prescribing matters:

                     (a)  required or permitted by this Act to be prescribed; or

                     (b)  necessary or convenient to be prescribed for carrying out or giving effect to this Act.

             (2)  The regulations may impose a penalty, not exceeding 50 penalty units, for a contravention of the regulations.