sec.7Specific powers

sec.7 Specific powers

The Attorney-General may do the following— present an indictment; enter nolle prosequi on indictments; See the Criminal Code , section 563 . grant immunities from prosecution; undertake to a person not to use, or make derivative use of, information or a thing against the person in a proceeding, other than in relation to the falsity of evidence given by the person in a proceeding; enforce charitable and public trusts; bring proceedings to enforce and protect public rights; grant fiats to enable entities, that would not otherwise have standing, to start or continue proceedings in the Attorney-General’s name— to enforce charitable and public trusts; and to enforce and protect public rights; challenge the constitutional validity of legislation (including Commonwealth legislation) that affects the public interest in the State; appear before a court to help the court in appropriate cases; advise the Executive Council on judicial appointments; start proceedings for contempt of court in the public interest; apply for judicial review to correct errors by courts and tribunals. Despite subsection (1) (a) or (b) , the Attorney-General may not direct or instruct the Director of Public Prosecutions to present an indictment or enter a nolle prosequi. To avoid any doubt, it is declared that— the Attorney-General may not grant immunity from prosecution for a future act or omission; and a decision or proposed decision to exercise a power for a matter listed under subsection (1) is not a decision of an administrative character under an enactment merely because the matter is listed under subsection (1) . s 7 amd 2023 No. 23 s 29 (sec.7-ssec.1) The Attorney-General may do the following— present an indictment; enter nolle prosequi on indictments; See the Criminal Code , section 563 . grant immunities from prosecution; undertake to a person not to use, or make derivative use of, information or a thing against the person in a proceeding, other than in relation to the falsity of evidence given by the person in a proceeding; enforce charitable and public trusts; bring proceedings to enforce and protect public rights; grant fiats to enable entities, that would not otherwise have standing, to start or continue proceedings in the Attorney-General’s name— to enforce charitable and public trusts; and to enforce and protect public rights; challenge the constitutional validity of legislation (including Commonwealth legislation) that affects the public interest in the State; appear before a court to help the court in appropriate cases; advise the Executive Council on judicial appointments; start proceedings for contempt of court in the public interest; apply for judicial review to correct errors by courts and tribunals. (sec.7-ssec.2) Despite subsection (1) (a) or (b) , the Attorney-General may not direct or instruct the Director of Public Prosecutions to present an indictment or enter a nolle prosequi. (sec.7-ssec.3) To avoid any doubt, it is declared that— the Attorney-General may not grant immunity from prosecution for a future act or omission; and a decision or proposed decision to exercise a power for a matter listed under subsection (1) is not a decision of an administrative character under an enactment merely because the matter is listed under subsection (1) .