Director of Public Prosecutions Regulations 1984 (Cth)
made under the
This is a compilation of the
The notes at the end of this compilation
(the
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
For more information about any editorial changes made in this compilation, see the endnotes.
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Contents
These Regulations are the
Director of Public Prosecutions Regulations 1984 .
In these Regulations:
Act means theDirector 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 theDirector 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.
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
The abbreviation key sets out abbreviations that may be used in the endnotes.
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
The
If the compilation includes editorial changes, the endnotes include a brief outline of the changes in general terms. Full details of any changes can be obtained from the Office of Parliamentary Counsel.
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
ad = added or inserted | o = order(s) |
am = amended | Ord = Ordinance |
amdt = amendment | orig = original |
c = clause(s) | par = paragraph(s)/subparagraph(s) |
C[x] = Compilation No. x | /sub‑subparagraph(s) |
Ch = Chapter(s) | pres = present |
def = definition(s) | prev = previous |
Dict = Dictionary | (prev…) = previously |
disallowed = disallowed by Parliament | Pt = Part(s) |
Div = Division(s) | r = regulation(s)/rule(s) |
ed = editorial change | reloc = relocated |
exp = expires/expired or ceases/ceased to have | renum = renumbered |
effect | rep = repealed |
F = Federal Register of Legislation | rs = repealed and substituted |
gaz = gazette | s = section(s)/subsection(s) |
LA
= | Sch = Schedule(s) |
LIA
= | Sdiv = Subdivision(s) |
(md) = misdescribed amendment can be given | SLI = Select Legislative Instrument |
effect | SR = Statutory Rules |
(md not incorp) = misdescribed amendment | Sub‑Ch = Sub‑Chapter(s) |
cannot be given effect | SubPt = Subpart(s) |
mod = modified/modification | |
No. = Number(s) | commenced or to be commenced |
249, 1984 | 27 Sept 1984 | 27 Sept 1984 | |
155, 1990 | 29 June 1990 | 1 July 1990 (r 1) | — |
253, 1990 | 9 Aug 1990 | 9 Aug 1990 | — |
371, 1992 | 30 Nov 1992 | 30 Nov 1992 (r 1) | — |
287, 1996 | 18 Dec 1996 | 18 Dec 1996 (r 1) | — |
75, 1997 | 14 Apr 1997 | 14 Apr 1997 (r 1) | — |
356, 1998 | 22 Dec 1998 | 22 Dec 1998 (r 2) | — |
326, 2002 | 20 Dec 2002 | Sch 6: 1 Jan 2003 (r 2) | — |
211, 2003 | 21 Aug 2003 | 21 Aug 2003 (r 2) | — |
302, 2007 | 27 Sept 2007 (F2007L03876) | 1 Oct 2007 (r 2) | — |
Director of Public Prosecutions Amendment (Norfolk Island) Regulations 2017 | 4 Aug 2017 (F2017L00993) | 5 Aug 2017 (s 2(1) item 1) | — |
Director of Public Prosecutions Amendment (Repeal of Norfolk Island Provisions) Regulations 2018 | 10 Apr 2018 (F2018L00478) | Sch 1: 23 May 2018 (s 2(1) item 2) | — |
Part 1 heading............................. | ad F2017L00993 |
rep F2018L00478 | |
r 1............................................. | rs No 356, 1998 |
r 2............................................. | rs No 356, 1998 |
am F2017L00993; F2018L00478 | |
Part 2 heading............................. | ad F2017L00993 |
rep F2018L00478 | |
r 3............................................. | am No 155, 1990; No 253, 1990; No 371, 1992; No 287, 1996; No 75, 1997; No 356, 1998; No 326, 2002; No 211, 2003; No 302, 2007; F2017L00993; F2018L00478 |
r 4............................................. | ad No 155, 1990 |
r 5............................................. | ad No 371, 1992 |
Part 3......................................... | ad F2017L00993 |
rep F2018L00478 | |
r 6............................................. | ad F2017L00993 |
rep F2018L00478 | |
r 7............................................. | ad F2017L00993 |
rep F2018L00478 | |
r 8............................................. | ad F2017L00993 |
rep F2018L00478 | |
r 9............................................. | ad F2017L00993 |
rep F2018L00478 | |
r 10............................................ | ad F2017L00993 |
rep F2018L00478 | |
r 11............................................ | ad F2017L00993 |
rep F2018L00478 | |
r 12............................................ | ad F2017L00993 |
rep F2018L00478 | |
r 13............................................ | ad F2017L00993 |
rep F2018L00478 | |
r 14............................................ | ad F2017L00993 |
rep F2018L00478 | |
r 15............................................ | ad F2017L00993 |
rep F2018L00478 | |
r 16............................................ | ad F2017L00993 |
rep F2018L00478 | |
r 17............................................ | ad F2017L00993 |
rep F2018L00478 | |
r 18............................................ | ad F2017L00993 |
rep F2018L00478 | |
r 19............................................ | ad F2017L00993 |
rep F2018L00478 | |
Part 4......................................... | ad F2017L00993 |
rep F2018L00478 | |
r 20............................................ | ad F2017L00993 |
rep F2018L00478 |
0
0
0