QLDIn ForceAct
Corporations (Queensland) Act 1990
sec.91Conferral of functions and powers in relation to cooperative scheme laws
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### sec.91 Conferral of functions and powers in relation to cooperative scheme laws
The Commonwealth director of public prosecutions—
has the same enforcement powers in relation to the cooperative scheme laws as has the director of prosecutions of Queensland; and
may, in relation to an offence against a cooperative scheme law, perform the functions and exercise the powers conferred on the director of public prosecutions by the Director of Public Prosecutions Act 1983 (Cwlth) in relation to offences against the laws of the Commonwealth as if the offence against the cooperative scheme law were an offence against a national scheme law of this jurisdiction.
The Australian Federal Police—
have the same enforcement powers in relation to the cooperative scheme laws as has the Police Service of Queensland; and
may, in relation to an offence against a cooperative scheme law, perform the functions and exercise the powers conferred on the Australian Federal Police in relation to offences against the laws of the Commonwealth as if the offence against the cooperative scheme law were an offence against a national scheme law of this jurisdiction.
The Commonwealth Minister has, in respect of the prosecution of offences against the cooperative scheme laws, the same functions and powers as he or she has in respect of the prosecution of offences against a national scheme law of this jurisdiction.
For the purposes of the exercise of enforcement powers, and other functions and powers conferred by this section, including the obtaining of warrants to arrest, an offence against a cooperative scheme law is taken to be an offence against a national scheme law of this jurisdiction.
In this section—
enforcement power means a function or power relating to—
the investigation of an offence; or
the arrest and custody of persons charged with an offence; or
the institution and carrying on of a prosecution of an offence; or
matters relating to such an investigation, arrest, custody or prosecution.
s 91 amd 1995 No. 26 s 20
(sec.91-ssec.1) The Commonwealth director of public prosecutions— has the same enforcement powers in relation to the cooperative scheme laws as has the director of prosecutions of Queensland; and may, in relation to an offence against a cooperative scheme law, perform the functions and exercise the powers conferred on the director of public prosecutions by the Director of Public Prosecutions Act 1983 (Cwlth) in relation to offences against the laws of the Commonwealth as if the offence against the cooperative scheme law were an offence against a national scheme law of this jurisdiction.
(sec.91-ssec.2) The Australian Federal Police— have the same enforcement powers in relation to the cooperative scheme laws as has the Police Service of Queensland; and may, in relation to an offence against a cooperative scheme law, perform the functions and exercise the powers conferred on the Australian Federal Police in relation to offences against the laws of the Commonwealth as if the offence against the cooperative scheme law were an offence against a national scheme law of this jurisdiction.
(sec.91-ssec.3) The Commonwealth Minister has, in respect of the prosecution of offences against the cooperative scheme laws, the same functions and powers as he or she has in respect of the prosecution of offences against a national scheme law of this jurisdiction.
(sec.91-ssec.4) For the purposes of the exercise of enforcement powers, and other functions and powers conferred by this section, including the obtaining of warrants to arrest, an offence against a cooperative scheme law is taken to be an offence against a national scheme law of this jurisdiction.
(sec.91-ssec.5) In this section— enforcement power means a function or power relating to— the investigation of an offence; or the arrest and custody of persons charged with an offence; or the institution and carrying on of a prosecution of an offence; or matters relating to such an investigation, arrest, custody or prosecution.
- (a) has the same enforcement powers in relation to the cooperative scheme laws as has the director of prosecutions of Queensland; and
- (b) may, in relation to an offence against a cooperative scheme law, perform the functions and exercise the powers conferred on the director of public prosecutions by the Director of Public Prosecutions Act 1983 (Cwlth) in relation to offences against the laws of the Commonwealth as if the offence against the cooperative scheme law were an offence against a national scheme law of this jurisdiction.
- (a) have the same enforcement powers in relation to the cooperative scheme laws as has the Police Service of Queensland; and
- (b) may, in relation to an offence against a cooperative scheme law, perform the functions and exercise the powers conferred on the Australian Federal Police in relation to offences against the laws of the Commonwealth as if the offence against the cooperative scheme law were an offence against a national scheme law of this jurisdiction.
- (a) the investigation of an offence; or
- (b) the arrest and custody of persons charged with an offence; or
- (c) the institution and carrying on of a prosecution of an offence; or
- (d) matters relating to such an investigation, arrest, custody or prosecution.