Cooper and Anor v Commonwealth Director of Public Prosecutions B15/2003

The applicants, Cooper and another, sought to challenge a decision of the Commonwealth Director of Public Prosecutions (CDPP) to prosecute them for offences under the *Proceeds of Crime Act 1987* (Cth). The dispute concerned the validity of the prosecution, with the applicants arguing that the CDPP had acted unlawfully in commencing proceedings. The matter came before the High Court of Australia.

The central legal issue before the High Court was whether the CDPP had the power to initiate proceedings for offences under the *Proceeds of Crime Act 1987* (Cth) in the absence of a referral from the Minister for Justice. The applicants contended that such a referral was a prerequisite for the CDPP's authority to prosecute under the Act.

The High Court considered the provisions of the *Proceeds of Crime Act 1987* (Cth) and the *Director of Public Prosecutions Act 1983* (Cth). Their Honours concluded that the *Director of Public Prosecutions Act 1983* (Cth) conferred upon the CDPP a broad discretion to prosecute offences against the laws of the Commonwealth. This discretion was not limited by the specific procedural requirements of other Commonwealth legislation, such as the *Proceeds of Crime Act 1987* (Cth), unless those requirements were expressly stated to be jurisdictional. The Court found that the absence of a ministerial referral did not invalidate the CDPP's power to prosecute.

The High Court dismissed the application for judicial review.