Page:Online Criminal Harms Act 2023.pdf/13

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ONLINE CRIMINAL HARMS
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imposed on the competent authority, by this Act; and the competent authority must give effect to those directions.

Designated officers and authorised officers

4.—(1) The Minister may appoint any of the following as a designated officer or an authorised officer or both:

(a) a public officer from any Ministry or department of the Government;
(b) an employee of a public authority.

(2) The appointment under subsection (1) of—

(a) a public officer from a Ministry or department of the Government; or
(b) an employee of a public authority,

under the charge of another Minister is to be made in consultation with the other Minister.

(3) Every designated officer or authorised officer appointed under subsection (1)(b) is deemed to be a public servant for the purpose of the Penal Code 1871.

(4) A reference in subsection (1) or (2) to a public officer from a Ministry or department of the Government or an employee of a public authority includes a public officer from another Ministry or department or an employee of another public authority performing duties in the firstmentioned Ministry, department or public authority (as the case may be) under a secondment arrangement making available temporarily to that firstmentioned Ministry, department or public authority the services of the public officer or employee.

(5) The powers of a designated officer under this Act are to be exercised subject to any directions given, and any conditions and limitations specified, by the head of the Ministry, department or public authority in which the designated officer is serving, or any other person authorised by the head to give those directions or specify the conditions and limitations.