Crimes and Other Legislation Amendment (Omnibus) Act 2023 (63 of 2023)

Schedule 9   Witness protection

Part 2   Suspension of protection and assistance

Witness Protection Act 1994

5   Subsection 25(4)

Repeal the subsection, substitute:

(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.