6Functions of Director

#### 6 Functions of Director (1) The functions of the Director are: (a) to institute prosecutions on indictment for indictable offences against the laws of the Commonwealth; and (b) to carry on prosecutions of the kind referred to in paragraph (a) (not being prosecutions instituted by the Attorney‑General or a Special Prosecutor), whether or not instituted by the Director; and (baa) if the Attorney‑General requests the Director in writing to carry on a prosecution of the kind referred to in paragraph (a) that was instituted by the Attorney‑General—to carry on that prosecution; and (ba) where a person holding office as a Special Prosecutor under the Special Prosecutors Act 1982 dies, or ceases for any reason so to hold office and is not forthwith re‑appointed—to carry on prosecutions of the kind referred to in paragraph (a), being prosecutions that: (i) were instituted; or (ii) were, at the time when the person died or ceased so to hold office, being carried on; by the person, or by a person acting as a Special Prosecutor under that Act in the place of the first‑mentioned person; and (c) to institute proceedings for the commitment of persons for trial in respect of indictable offences against the laws of the Commonwealth; and (d) to institute proceedings for the summary conviction of persons in respect of offences against the laws of the Commonwealth; and (e) to carry on proceedings of a kind referred to in paragraph (c) or (d) (whether or not instituted by the Director); and (f) to assist a coroner in inquests and inquiries conducted under the laws of the Commonwealth; and (fa) in respect of relevant matters: (i) to take civil remedies on behalf of and in the name of the Commonwealth and authorities of the Commonwealth; or (ii) to co‑ordinate or supervise the taking of civil remedies by or on behalf of the Commonwealth and authorities of the Commonwealth; for, or in connection with, recovery, or ensuring the payment, of amounts of tax; and (g) in respect of matters in relation to which an instrument under subsection (3) is in force: (i) to institute proceedings; (ii) to carry on proceedings (whether or not instituted by the Director); or (iii) to co‑ordinate or supervise the institution or carrying on of proceedings; for the recovery of pecuniary penalties under the laws of the Commonwealth; and (h) in respect of relevant matters that are matters in relation to which an instrument under subsection (3) is in force: (i) to take civil remedies on behalf of and in the name of the Commonwealth and authorities of the Commonwealth; or (ii) to co‑ordinate or supervise the taking of civil remedies by or on behalf of the Commonwealth and authorities of the Commonwealth; and (j) to consent to prosecutions for offences against the laws of the Commonwealth, being offences of a kind in relation to which an instrument under subsection (4) is in force; and (ja) to appear in an inquiry by a magistrate held under section 37, or in a proceeding before a magistrate under section 38 or 39, of the Crimes (Aviation) Act 1991; and (k) to appear in proceedings under the Extradition Act 1988, the International War Crimes Tribunals Act 1995, the International Criminal Court Act 2002 or the Mutual Assistance in Criminal Matters Act 1987; and (m) where the Director, with the consent of the Attorney‑General, holds an appointment to prosecute offences against the laws of a State—to institute and carry on, in accordance with the terms of the appointment, prosecutions for such offences; and (ma) if the Director is authorised by or under a law of a State to institute and carry on appeals arising out of prosecutions of offences against the laws of the State, being prosecutions by the Director as mentioned in paragraph (m) or by members of the staff of the Office as mentioned in subsection 17(1)—to institute and carry on such appeals in accordance with requirements of or under that law; and (mb) for the purpose of enforcing orders under Chapter 2 of the Proceeds of Crime Act 2002: (i) to institute proceedings; or (ii) to carry on proceedings (whether or not instituted by the Director); or (iii) to co‑ordinate or supervise the institution or carrying on of proceedings; (n) to do anything incidental or conducive to the performance of any of the functions referred to in paragraphs (a) to (mb) and in subsection (2). (2) In addition to his or her functions under subsection (1), the functions of the Director include: (a) functions that are conferred on the Director by or under any other law of the Commonwealth; and (b) such other functions as are prescribed. (2A) The Director may, with the consent of the person concerned, institute a prosecution of a person on indictment for an indictable offence against the laws of the Commonwealth in respect of which the person has not been examined or committed for trial. (2B) Where a person has been committed for trial in respect of an indictable offence or indictable offences against the laws of the Commonwealth, the Director may, whether or not the Director institutes a prosecution on indictment for the offence, or for all or any of the offences, for which the person was committed for trial, institute a prosecution of the person on indictment for: (a) an offence for which the person was examined but not committed for trial; or (b) any other offence founded on facts or evidence disclosed in the course of committal proceedings; without: (c) where paragraph (a) applies—the person having been committed for trial in respect of the offence; or (d) where paragraph (b) applies—the person having been examined or committed for trial in respect of the offence. (2C) Where: (a) a person has been committed for trial otherwise than in respect of an offence against the laws of the Commonwealth; and (b) the Director is satisfied: (i) that the facts or evidence on the basis of which the person was committed for trial disclose the commission of an indictable offence or indictable offences against the laws of the Commonwealth; and (ii) that, had the person’s committal for trial for the indictable offence or indictable offences been sought on the basis of those facts or that evidence, the person could have been committed for trial for the indictable offence or indictable offences; the Director may institute a prosecution on indictment of the person for the indictable offence or indictable offences or any of the indictable offences without the person having been examined or committed for trial. (2D) Subject to subsection (2E), in any other case where the Director considers it appropriate to do so, the Director may institute a prosecution of a person on indictment for an indictable offence against the laws of the Commonwealth in respect of which the person has not been examined or committed for trial. (2E) Notwithstanding anything contained in subsection (2D), the Director may not institute a prosecution of a person on indictment for an offence against the War Crimes Act 1945 unless the person has first been examined or committed for trial. (2F) If a person is committed for trial before a court (the initial court) for one or more indictable offences against the laws of the Commonwealth, the Director may institute in another court (the later court) a prosecution of the person on indictment for any or all of the offences. (2G) Subsection (2F) applies even if the Director has instituted a prosecution (the initial prosecution) before the initial court for any or all of the offences. However, the Director must discontinue the initial prosecution in respect of each offence covered by the prosecution in the later court. (3) The Attorney‑General may, by writing signed by the Attorney‑General, specify a matter or class of matters for the purposes of paragraph (1)(g) or (h) and, where the Attorney‑General so specifies a matter or class of matters, a copy of the instrument specifying that matter or class of matters shall be published in the Gazette when the Attorney‑General considers it appropriate to do so. (4) A person who has, pursuant to a law of the Commonwealth, the power to consent to prosecutions for offences of a particular kind against the laws of the Commonwealth (not being a person who has that power by virtue of an authorization granted to the person by another person) may, by instrument in writing published in the Gazette, authorize the Director to consent to prosecutions for offences of that kind, but the giving of such an authorization does not prevent the giving of a consent by a person who, but for this subsection, would have the power to give a consent. (5) Where the Director consents to a prosecution for an offence against a law of the Commonwealth, being an offence of a kind in relation to which an instrument under subsection (4) is in force, the prosecution may be instituted and carried on without the consent of any other person. (6) The institution or carrying on by the Director of proceedings for the recovery of a pecuniary penalty under a law of the Commonwealth, or any other act or thing done by the Director in relation to such proceedings, shall not be challenged or called in question in any court on the ground that the proceedings did not or do not relate to a matter in relation to which paragraph (1)(g) applies. (7) The taking by the Director of a civil remedy, or any other act or thing done by the Director in relation to the taking of a civil remedy, shall not be challenged or called in question in any court on any of the following grounds: (a) that the taking of the civil remedy did not or does not relate to a relevant matter; (b) that the civil remedy was not or is not being taken for, or in connection with, recovery, or securing the payment, of an amount of tax; (c) that the taking of the civil remedy did not or does not relate to a matter in relation to which an instrument under subsection (3) was or is in force. (8) In this section: > amount of means an amount payable under, or by virtue of, a law of the Commonwealth that imposes, or deals with the imposition, assessment or collection of: (a) a tax (however described); or (b) without limiting the generality of paragraph (a), a duty, charge or levy. > relevant matter means a matter connected with, or arising out of: (a) a prosecution that has been instituted or taken over, or is being carried on, by the Director; (b) a prosecution that has been instituted by a person other than the Director and that the Director is considering taking over or carrying on, or proposes to take over or carry on; (c) an alleged or suspected offence in respect of which the Director proposes to institute a prosecution; (d) in a case where a person other than the Director proposes to institute a prosecution in respect of an alleged or suspected offence and the Director proposes to take over or carry on the prosecution—that alleged or suspected offence; (e) in a case where: (i) a course of activity is alleged or suspected to have involved the commission of an offence, whether or not the nature of the offence has been identified; and (ii) the Director is considering that course of activity for the purpose of deciding whether to institute a prosecution; that course of activity; or (f) in a case where: (i) a course of activity is alleged or suspected to have involved the commission of an offence, whether or not the nature of the offence has been identified; (ii) a person other than the Director is considering that course of activity for the purpose of deciding whether to institute a prosecution; and (iii) the Director proposes, if the person institutes a prosecution as a result of that consideration, to take over or carry on the prosecution; that course of activity. (9) Where, at the time when the Director first commences to take civil remedies in respect of a particular matter, or first commences to co‑ordinate or supervise the taking of civil remedies in respect of a particular matter, the matter is a relevant matter, the matter shall be deemed, for the purposes of this section, to continue to be a relevant matter while the Director continues to take civil remedies in respect of the matter, or to co‑ordinate or supervise the taking of civil remedies in respect of the matter, as the case may be.