sec.10Functions of director

### sec.10 Functions of director The director— shall prepare, institute and conduct on behalf of and in the name of Her Majesty— criminal proceedings; and proceedings in the Court of Appeal; and proceedings in the High Court of Australia that arise out of criminal proceedings; and shall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and shall, upon the direction of the Minister or of the director’s own motion— prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and shall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and shall perform such duties as the director may be charged with by or under this Act or any other Act; and shall perform such duties of a legal nature as the Minister may direct. If the director, with the Minister’s consent, holds an appointment, commission or authority to prosecute offences against the laws of the Commonwealth, the director may, under the terms of the appointment, commission or authority, prepare, institute and conduct— criminal proceedings for the offences; and proceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings. In the discharge of his or her functions the director shall be responsible to the Minister but nothing in this section shall derogate from or limit the authority of the director in respect of the preparation, institution and conduct of proceedings. In proceedings with which the director is concerned the director may appear in person or by a lawyer, whether from within the director’s own office or in private practice. s 10 amd 1994 No. 87 s 3 sch 1 ; 2003 No. 13 s 106 sch 1 ; 2003 No. 55 s 50 ; 2004 No. 11 s 596 sch 1 ; 2010 No. 42 s 214 sch (sec.10-ssec.1) The director— shall prepare, institute and conduct on behalf of and in the name of Her Majesty— criminal proceedings; and proceedings in the Court of Appeal; and proceedings in the High Court of Australia that arise out of criminal proceedings; and shall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and shall, upon the direction of the Minister or of the director’s own motion— prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and shall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and shall perform such duties as the director may be charged with by or under this Act or any other Act; and shall perform such duties of a legal nature as the Minister may direct. (sec.10-ssec.2) If the director, with the Minister’s consent, holds an appointment, commission or authority to prosecute offences against the laws of the Commonwealth, the director may, under the terms of the appointment, commission or authority, prepare, institute and conduct— criminal proceedings for the offences; and proceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings. (sec.10-ssec.3) In the discharge of his or her functions the director shall be responsible to the Minister but nothing in this section shall derogate from or limit the authority of the director in respect of the preparation, institution and conduct of proceedings. (sec.10-ssec.4) In proceedings with which the director is concerned the director may appear in person or by a lawyer, whether from within the director’s own office or in private practice. - (a) shall prepare, institute and conduct on behalf of and in the name of Her Majesty— (i) criminal proceedings; and (ii) proceedings in the Court of Appeal; and (iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and - (i) criminal proceedings; and - (ii) proceedings in the Court of Appeal; and - (iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and - (b) shall prepare, institute and conduct on behalf of and in the name of Her Majesty or on behalf of and in the name of a complainant proceedings in the Court of Appeal being appeals against convictions before justices or penalties imposed by justices; and - (c) shall, upon the direction of the Minister or of the director’s own motion— (i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and (ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and - (i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and - (ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and - (d) shall, upon the direction of the Minister, assist on behalf of the Crown a coroner or instruct counsel assisting a coroner in an inquest under the Coroners Act 1958 or the Coroners Act 2003 ; and - (e) shall perform such duties as the director may be charged with by or under this Act or any other Act; and - (f) shall perform such duties of a legal nature as the Minister may direct. - (i) criminal proceedings; and - (ii) proceedings in the Court of Appeal; and - (iii) proceedings in the High Court of Australia that arise out of criminal proceedings; and - (i) prepare, institute and conduct an examination of witnesses in relation to an indictable offence before justices; and - (ii) take over and conduct proceedings in respect of a simple offence or in respect of an indictable offence being taken in a summary manner; and - (a) criminal proceedings for the offences; and - (b) proceedings in the Court of Appeal or the High Court of Australia that arise out of the criminal proceedings.