Document ID: chunk:federal_register_of_legislation:C2023A00063:clause:9_5
Version: federal_register_of_legislation:C2023A00063
Segment Type: clause
Provision Reference: sch 9 cl 5
Character Range: 31634–32931

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.

Part 3—Minor and technical amendments

Witness Protection Act 1994