Commonwealth Consolidated Acts

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WITNESS PROTECTION ACT 1994 - SECT 25

Delegation

  (1)   Subject to subsections   (3) and (4), the Commissioner may, by writing, delegate all or any of his or her powers under this Act to a person who holds or occupies a designated position.

  (2)   A person who holds or occupies a designated position may exercise powers delegated to the person by the Commissioner under a complementary witness protection law.

  (3)   The Commissioner's powers under sections   6, 8, 14, 16, 18, 20, 27 and 27A and subsections   12(2) and (3) may only be delegated to a Deputy Commissioner.

  (4)   The Commissioner's powers under sections   17A and 17B may only be delegated to an Assistant Commissioner.

  (5)   If the Commissioner delegates a power under section   17A or 17B to an Assistant Commissioner, the Assistant Commissioner may, by writing, sub - delegate the power to a Commander or Superintendent in the Australian Federal Police.

  (6)   A Commander or Superintendent may exercise a power delegated under subsection   (5) only if the Commander or Superintendent is satisfied that the circumstances are serious and urgent.

  (7)   The Commissioner's powers under section   17C:

  (a)   may only be delegated to a member of the Australian Federal Police who holds or occupies a designated position; and

  (b)   may, in relation to a particular decision under subsection   17B(1), be exercised by a delegate only if that delegate holds a rank higher than the rank held by the delegate, or sub - delegate, who made the decision under subsection   17B(1).

  (8)   Subject to subsection   17B(9) of this Act, sections   34AA, 34AB and 34A of the Acts Interpretation Act 1901 apply in relation to a sub - delegation in a corresponding way to the way in which they apply in relation to a delegation.



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