9Application—criminal prosecutions and related proceedings

9  Application—criminal prosecutions and related proceedings 

  These Directions:

 (a) do not apply to Commonwealth legal work carried out by or on behalf of a Commonwealth prosecuting authority that involves instituting and carrying on criminal prosecutions and related proceedings; but

 (b) do apply in accordance with their terms to Commonwealth legal work undertaken in the course of responding to or defending criminal prosecutions and related proceedings.

Note: However, Commonwealth prosecuting authorities should nonetheless consult with AGS and the Attorney-General’s Department, when appropriate, about any constitutional law issues, or the interpretation of Australia’s or another country’s obligations under international law, that arise in the course of work mentioned in paragraph (a).