Attorney-General Act 1999 (Qld)

Attorney-General Act 1999

An Act relating to the functions and powers of the Attorney-General, and for related purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Attorney-General Act 1999.

2   Commencement

This Act commences on a day to be fixed by proclamation.

Part 2    Establishment of office

3   The office of Attorney-General

(1)There is to be an Attorney-General for the State.

(2)The Attorney-General is—

(a)the Minister who is designated by the Governor as Attorney-General or Minister for Justice and Attorney-General; or

(b)if the Governor does not designate a Minister as Attorney-General or Minister for Justice and Attorney-General—the Minister.

4   Position of Attorney-General

The Attorney-General is the first law officer of the State.

Part 3    Attorney-General’s functions and powers

5   Principal functions

The Attorney-General’s principal functions are—

(a)to be the State’s chief legal representative; and

(b)to give legal advice to the State; and

(c)to be the Minister responsible to the Parliament for the administration of law and justice in the State.

6   General powers

(1)The Attorney-General has power to do all things necessary or convenient to be done for the Attorney-General’s functions.

(2)The Attorney-General may start and conduct litigation for the following—

(a)the State;

(b)the Governor;

(c)a Minister;

(d)a person suing or being sued on behalf of the State.

7   Specific powers

(1)The Attorney-General may do the following—

(a)present an indictment;

(b)enter nolle prosequi on indictments;

Note—

See the Criminal Code, section 563.

(c)grant immunities from prosecution;

(d)undertake to a person not to use, or make derivative use of, information or a thing against the person in a proceeding, other than in relation to the falsity of evidence given by the person in a proceeding;

(e)enforce charitable and public trusts;

(f)bring proceedings to enforce and protect public rights;

(g)grant fiats to enable entities, that would not otherwise have standing, to start or continue proceedings in the Attorney-General’s name—

(i)to enforce charitable and public trusts; and

(ii)to enforce and protect public rights;

(h)challenge the constitutional validity of legislation (including Commonwealth legislation) that affects the public interest in the State;

(i)appear before a court to help the court in appropriate cases;

(j)advise the Executive Council on judicial appointments;

(k)start proceedings for contempt of court in the public interest;

(l)apply for judicial review to correct errors by courts and tribunals.

(2)Despite subsection (1)(a) or (b), the Attorney-General may not direct or instruct the Director of Public Prosecutions to present an indictment or enter a nolle prosequi.

(3)To avoid any doubt, it is declared that—

(a)the Attorney-General may not grant immunity from prosecution for a future act or omission; and

(b)a decision or proposed decision to exercise a power for a matter listed under subsection (1) is not a decision of an administrative character under an enactment merely because the matter…