10Director to inform court etc when taking over, or handing back, proceedings

10 Director to inform court etc when taking over, or handing back, proceedings

10 Director to inform court etc when taking over, or handing back, proceedings

(1) If the Director decides to take over a matter in accordance with section 9, the Director shall, as soon as practicable—

(a) by notice in writing, inform the person otherwise responsible for the matter, and

(b) if the matter is pending before a court—

(i) by notice in writing, inform the registrar or other proper officer of the court in which the prosecution or proceeding concerned is to be heard, or

(ii) if the prosecution or proceeding is being heard by a Judge—in such manner as the Director thinks fit, inform the Judge,

that the Director has taken over the matter.

(1A) If the Director hands a matter back in accordance with section 9A, the Director shall, as soon as practicable—

(a) by notice in writing, inform the original prosecutor (or the original prosecutor’s successor) referred to in section 9A, and

(b) by notice in writing, inform the registrar or other proper officer of the Local Court in which the prosecution or proceeding concerned is to be heard,

that the Director has handed the matter back to the original prosecutor (or the original prosecutor’s successor).

(2) Failure by the Director to notify or inform does not affect any of the Director’s functions in relation to the matter.

s 10: Am 2001 No 121, Sch 2.84 [4] [5]; 2008 No 53, Sch 11 [2]; 2025 No 61, Sch 2.35[2].