91Conferral of functions and powers in relation to co-operative scheme laws

### 91 Conferral of functions and powers in relation to co-operative scheme laws > > (1)  *\[Section 91 Subsection (1) amended by No. 33 of 1995, s. 20 \]*The Commonwealth Director of Public Prosecutions – > > > > > > (a) has the same enforcement powers in relation to the co-operative scheme laws as has the Director of Public Prosecutions of Tasmania; and > > > > > > > (b) may, in relation to an offence against a co-operative scheme law, perform the functions and exercise the powers conferred on the Director of Public Prosecutions by the *Director of Public Prosecutions Act 1983* of the Commonwealth in relation to offences against the laws of the Commonwealth as if the offence against the co-operative scheme law were an offence against a national scheme law of this jurisdiction. > > > (2)  The Australian Federal Police – > > > > > > (a) [*\[Section 91 Subsection (2) amended by No. 76 of 2003, Sched. 1, Applied:01 Jan 2004\]*](/view/html/inforce/2004-01-01/act-2003-076#JS1@Ja11@GC1@EN) have the same enforcement powers in relation to the co-operative scheme laws as has the Police Service; and > > > > > > > (b) may, in relation to an offence against a co-operative 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 co-operative scheme law were an offence against a national scheme law of this jurisdiction. > > > (3)  The Commonwealth Minister has, in respect of the prosecution of offences against the co-operative 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. > > > (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 co-operative scheme law is taken to be an offence against a national scheme law of this jurisdiction. > > > (5)  In this section, ***enforcement power*** means a function or power relating to – > > > > > > (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.