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Name of Regulations
1 Name of Regulations
These Regulations are the Director of Public Prosecutions Regulations 1984.
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Direct links to the current provisions in Director of Public Prosecutions Regulations 1984.
These Regulations are the Director of Public Prosecutions Regulations 1984.
In these Regulations:
Act means the Director of Public Prosecutions Act 1983.
State or Territory authority means an agency of a State or Territory government that:
(a) conducts investigations into offences against State or Territory laws; or
(b) is responsible for the conduct of prosecutions for breaches of those laws.
(1) For the purposes of paragraph 6(2)(b) of the Act, the other functions of the Director are: (a) to carry on proceedings instituted by: (i) an officer of, or a person employed by, the Commonwealth or a body established by an Act or a law of a Territory; or (ii) a person holding office under an Act or a law of a Territory; or (iia) a person who performs services for the Australian Crime Commission under an arrangement under subsection 58(1) of the Australian Crime Commission Act 2002; or (iib) the Australian Securities Commission; being proceedings instituted for: (iii) the commitment of persons for trial in respect of indictable offences against the laws of a State; or (iv) the summary conviction of persons in respect of offences against the laws of a State; and (c) to perform, in respect of matters arising under laws made under, or continued in force by, the Australian Capital Territory (Self‑Government) Act 1988, the functions conferred on the Director of Public Prosecutions of the Australian Capital Territory by the Director of Public Prosecutions Act 1990 of the Australian Capital Territory, during any period when no person holds office, or is acting, as Director of Public Prosecutions under that Act; and (d) to institute proceedings, or to carry on proceedings (whether instituted by the Director or not), under section 112AH of the Family Law Act 1975; and (e) to institute proceedings, or to carry on proceedings (whether instituted by the Director or not), under the Confiscation of Proceeds of Crime Act 1989 of New South Wales; and (f) to give, to an authority of the Commonwealth, legal advice on law enforcement or a matter relating to law enforcement, whether or not the advice is for the purposes of a particular investigation; and (g) to give, to a State or Territory authority, legal advice on the investigation or prosecution of an offence against a law of the Commonwealth or a matter relating to the investigation or prosecution of such an offence, whether or not the advice is for the purposes of a particular investigation; and (h) to institute proceedings, or to carry on proceedings (whether instituted by the Director or not), or to co‑ordinate or supervise the institution or carrying on of proceedings, for the recovery of: (i) an amount payable by a person to the Commonwealth or a Commonwealth authority under a superannuation order made under the Crimes (Superannuation Benefits) Act 1989; or (ii) an amount payable by a person to the Commonwealth or a Commonwealth organisation under a superannuation order made under Part VA of the Australian Federal Police Act 1979. (2) Nothing in paragraph 3(1)(f) affects the power of the Director (or a person entitled to represent the Director) under subsection 9(11) of the Act.
The Director has the power, during any period referred to in paragraph 3(c), to exercise the powers conferred on the Director of Public Prosecutions of the Australian Capital Territory by the Director of Public Prosecutions Act 1990 of the Australian Capital Territory, in respect of matters referred to in that paragraph.
For the purposes of paragraph 9(6C)(c) of the Act, the following bodies are prescribed: (a) the New South Wales Crime Commission established under the New South Wales Crime Commission Act 1985 of New South Wales; (b) the Independent Commission Against Corruption established under the Independent Commission Against Corruption Act 1988 of New South Wales; (c) the Criminal Justice Commission established under the Criminal Justice Act 1989 of Queensland.
Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.
These Regulations are the Director of Public Prosecutions Regulations 1984.
In these Regulations:
Act means the Director of Public Prosecutions Act 1983.
State or Territory authority means an agency of a State or Territory government that:
(a) conducts investigations into offences against State or Territory laws; or
(b) is responsible for the conduct of prosecutions for breaches of those laws.
(1) For the purposes of paragraph 6(2)(b) of the Act, the other functions of the Director are: (a) to carry on proceedings instituted by: (i) an officer of, or a person employed by, the Commonwealth or a body established by an Act or a law of a Territory; or (ii) a person holding office under an Act or a law of a Territory; or (iia) a person who performs services for the Australian Crime Commission under an arrangement under subsection 58(1) of the Australian Crime Commission Act 2002; or (iib) the Australian Securities Commission; being proceedings instituted for: (iii) the commitment of persons for trial in respect of indictable offences against the laws of a State; or (iv) the summary conviction of persons in respect of offences against the laws of a State; and (c) to perform, in respect of matters arising under laws made under, or continued in force by, the Australian Capital Territory (Self‑Government) Act 1988, the functions conferred on the Director of Public Prosecutions of the Australian Capital Territory by the Director of Public Prosecutions Act 1990 of the Australian Capital Territory, during any period when no person holds office, or is acting, as Director of Public Prosecutions under that Act; and (d) to institute proceedings, or to carry on proceedings (whether instituted by the Director or not), under section 112AH of the Family Law Act 1975; and (e) to institute proceedings, or to carry on proceedings (whether instituted by the Director or not), under the Confiscation of Proceeds of Crime Act 1989 of New South Wales; and (f) to give, to an authority of the Commonwealth, legal advice on law enforcement or a matter relating to law enforcement, whether or not the advice is for the purposes of a particular investigation; and (g) to give, to a State or Territory authority, legal advice on the investigation or prosecution of an offence against a law of the Commonwealth or a matter relating to the investigation or prosecution of such an offence, whether or not the advice is for the purposes of a particular investigation; and (h) to institute proceedings, or to carry on proceedings (whether instituted by the Director or not), or to co‑ordinate or supervise the institution or carrying on of proceedings, for the recovery of: (i) an amount payable by a person to the Commonwealth or a Commonwealth authority under a superannuation order made under the Crimes (Superannuation Benefits) Act 1989; or (ii) an amount payable by a person to the Commonwealth or a Commonwealth organisation under a superannuation order made under Part VA of the Australian Federal Police Act 1979. (2) Nothing in paragraph 3(1)(f) affects the power of the Director (or a person entitled to represent the Director) under subsection 9(11) of the Act.
The Director has the power, during any period referred to in paragraph 3(c), to exercise the powers conferred on the Director of Public Prosecutions of the Australian Capital Territory by the Director of Public Prosecutions Act 1990 of the Australian Capital Territory, in respect of matters referred to in that paragraph.
For the purposes of paragraph 9(6C)(c) of the Act, the following bodies are prescribed: (a) the New South Wales Crime Commission established under the New South Wales Crime Commission Act 1985 of New South Wales; (b) the Independent Commission Against Corruption established under the Independent Commission Against Corruption Act 1988 of New South Wales; (c) the Criminal Justice Commission established under the Criminal Justice Act 1989 of Queensland.