Untitled document

Public Prosecutions (Amendment) Act 1999

Act No. 62/1999

TABLE OF PROVISIONS

Section	Page
PART 1—PRELIMINARY	1

1.	Purposes	1
2.	Commencement	2

PART 2—AMENDMENTS TO THE PUBLIC PROSECUTIONS

ACT 1994 3

3.	Amendment of purposes section	3
4.	Amendment of definition	3
5.	Repeal of sections 4, 5, 6, 7 and 8	3
6.	Amendment of functions of Director	3
7.	Repeal of section 46	3
8.	Repeal of section 49(a)	3
9.	Transitional provision	4

52. Transitional provisions (1999 amendments) 4

PART 3—AMENDMENTS TO THE CONSTITUTION ACT 1975 6

10.	Entrenchment of DPP	6
11.	New Part IIIA inserted	6
PART IIIA—DIRECTOR OF PUBLIC PROSECUTIONS	6
87AA. Definition	6
87AB. Appointment	6
87AC. Terms and conditions	6
87AD. Resignation	7
87AE. Suspension and removal from office	7
87AF. Pension of Director and of his or her spouse and children	8

PART 4—AMENDMENT OF THE SUPREME COURT ACT 1986 9

i

Section Page

12.	New Division 8 inserted in Part 5	9
Division 8—Contempt of Court	9

61. Restoration of common law relating to contempt of court 9

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NOTES 10

ii

Victoria

No. 62 of 1999

Public Prosecutions (Amendment) Act

1999†

[Assented to 21 December 1999]

The Parliament of Victoria enacts as follows:

PART 1—PRELIMINARY

1. Purposes

The purposes of this Act are—

(a) to amend the Public Prosecutions Act 1994 to remove restrictions on who may apply to a court for punishment of a person for

contempt of court; and

Public Prosecutions (Amendment) Act 1999

Act No. 62/1999 s. 2

(b)	to amend the Supreme Court Act 1986 to provide for the restoration of the common law relating to contempt of court; and
(c)	to provide for the further independence of the position of Director of Public Prosecutions by amending the Constitution Act 1975 to provide for the appointment of the Director of Public Prosecutions under that Act.

2. Commencement

This Act comes into operation on the day after the day on which it receives the Royal Assent.

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Public Prosecutions (Amendment) Act 1999

s. 3 Act No. 62/1999

PART 2—AMENDMENTS TO THE PUBLIC PROSECUTIONS

ACT 1994

3. Amendment of purposes section

No. 43/1994.	(1) In section 1(a) of the Public Prosecutions Act
Reprint No. 1
as at	1994 omit "a Director of Public Prosecutions,".
14 November
1996. Further	(2) After section 1(a) of the Public Prosecutions Act
amended by
Nos 44/1997,	1994 insert—
2/1998 and
46/1998.	"(ab) to set out the functions and powers of the

Director of Public Prosecutions;".

4. Amendment of definition

In section 3 of the Public Prosecutions Act 1994, in the definition of "Director", for "Part 2" substitute "section 87AB of the Constitution Act 1975".

5. Repeal of sections 4, 5, 6, 7 and 8

Sections 4, 5, 6, 7 and 8 of the Public Prosecutions Act 1994 are repealed.

6. Amendment of functions of Director

(1) In section 22(1)(ba)(iii) of the Public

Prosecutions Act 1994 omit "subject to section 46,".

(2) In section 22(1)(c) of the Public Prosecutions Act 1994, omit "(acting on, and in accordance with, the advice of the Solicitor-General)".

7. Repeal of section 46

Section 46 of the Public Prosecutions Act 1994 is repealed.

8. Repeal of section 49(a)

Section 49(a) of the Public Prosecutions Act
1994 is repealed.

Public Prosecutions (Amendment) Act 1999

Act No. 62/1999 s. 9

9. Transitional provision

After section 51A of the Public Prosecutions Act
1994 insert—

"52. Transitional provisions (1999 amendments)

(1) The repeal of section 8 by section 5 of the

Public Prosecutions (Amendment) Act 1999 does not affect the pension entitlements immediately before the commencement of this sub-section of the Director and his or her spouse and children.

(2) The repeal of section 46 by section 7 of the

Public Prosecutions (Amendment) Act
1999 does not affect any application made
before the commencement of this sub-section
to a court for the punishment of a person for
a contempt of court and that application may
be dealt with in all respects as if section 46
had not been repealed.

(3) Subject to Part IIIA of the Constitution Act

1975, the person holding office as Director
of Public Prosecutions under this Act
immediately before the commencement of
section 10 of the Public Prosecutions
(Amendment) Act 1999 continues to hold
office as Director of Public Prosecutions
after that commencement for the balance of
his term of appointment, on the same terms
and conditions as those on which he held
office before that commencement, as if he
had been appointed under section 87AB of
the Constitution Act 1975.

(4) The office of Director of Public Prosecutions

under Part IIIA of the Constitution Act
1975 must be taken to be the same office as
the office of Director of Public Prosecutions
under this Act.".

Public Prosecutions (Amendment) Act 1999

s. 9	Act No. 62/1999
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Public Prosecutions (Amendment) Act 1999

Act No. 62/1999 s. 10

PART 3—AMENDMENTS TO THE CONSTITUTION ACT

1975

10. Entrenchment of DPP

In section 18(2)(b) of the Constitution Act 1975,	No. 8750. Reprint No. 13
after "section 85," insert "Part IIIA".	as at 17 September
1998. Further amended by
No. 24/1999.

11. New Part IIIA inserted

After Part III of the Constitution Act 1975 insert—

'PART IIIA—DIRECTOR OF PUBLIC

PROSECUTIONS

87AA. Definition

In this Part—

"Director" means Director of Public

Prosecutions appointed under section 87AB.

87AB. Appointment

(1) The Governor in Council may appoint as

Director of Public Prosecutions a person who
is a barrister and solicitor of the Supreme

Court of not less than 8 years' standing.

(2) Subject to this Part, a person appointed as

Director holds office for a term of 10 years
or for the longer term, not exceeding
20 years, that is specified in his or her
instrument of appointment and is eligible for

re-appointment.

87AC. Terms and conditions

Public Prosecutions (Amendment) Act 1999

s. 11 Act No. 62/1999

(1) The Director is entitled to be paid the same

salary as that payable to a judge of the
Supreme Court under section 82(2).

(2) The Director must not, without the consent of the Attorney-General and in accordance with any conditions attached to that consent,

engage in the practice of the law or in any office.

paid employment (whether within or outside

(3) The office of Director is not an authority

within the meaning of section 47(1) of the
Public Sector Management and

Employment Act 1998.

87AD. Resignation

The Director may resign from office by delivering to the Governor a signed letter of resignation.

87AE. Suspension and removal from office

(1) The Governor in Council may suspend the Director from office.

(2) If the Director is suspended from office the

Attorney-General must cause a full statement of the ground or grounds of the suspension to be laid before each House of Parliament on
or before the 7th sitting day of that House
after the suspension.

(3) The Governor in Council must remove the

Director from office if each House of
Parliament on or before the 7th sitting day of
that House after the statement is laid before
it passes a resolution declaring that the
Director ought to be removed from office.

(4) If both Houses of Parliament do not pass a resolution of the kind specified in sub-

Public Prosecutions (Amendment) Act 1999

Act No. 62/1999 s. 11

section (3) within the time specified in that sub-section, the Governor in Council must without delay remove the suspension and

restore the Director to office.

(5) The Director can only be removed from

office in accordance with this section.

87AF. Pension of Director and of his or her

spouse and children

(1) The Director and his or her spouse and

children are entitled to pensions in the same circumstances and at the same rates and on the same terms and conditions as a judge of the Supreme Court (other than the Chief

Justice, the President of the Court of Appeal or a Judge of Appeal) and his or her spouse and children are entitled to under section 83.

(2) A pension under this section is liable to be

suspended or determined in the same
circumstances and to the same extent as
pensions under section 83 are liable to be
suspended or determined.

(3) All pensions under this section or under any

corresponding previous enactment are
payable out of the Consolidated Fund which
is to the necessary extent appropriated
accordingly.'.

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Public Prosecutions (Amendment) Act 1999

s. 12 Act No. 62/1999

PART 4—AMENDMENT OF THE SUPREME COURT ACT

1986

12. New Division 8 inserted in Part 5

No. 110/1986.	In Part 5 of the Supreme Court Act 1986, after
Reprint No. 3
as at 1 August	Division 7 insert—
1998. Further
amended by
No. 10/1999.	"Division 8—Contempt of Court

61.  Restoration of common law relating to contempt of court

(1) The law relating to the right of any person to apply to a court for punishment of a person for a contempt of court is as if section 46 of the Public Prosecutions Act 1994 had not been enacted and the common law has effect

accordingly.

(2) This section has effect—

(a)	subject to section 52(2) of the Public Prosecutions Act 1994, whether the alleged contempt occurred before or after the commencement of section 12
of the Public Prosecutions (Amendment) Act 1999; and
(b)

despite anything to the contrary in the 1984.".

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Public Prosecutions (Amendment) Act 1999

Act No. 62/1999 Notes

NOTES

†

Minister's second reading speech—

Legislative Assembly: 25 November 1999

Legislative Council: 14 December 1999

The long title for the Bill for this Act was "to amend the Constitution
Act 1975 to provide for the appointment of the Director of Public
Prosecutions under that Act, to amend the Public Prosecutions Act 1994
to remove restrictions on who may apply to a court for punishment of a
person for contempt of court, to amend the Supreme Court Act 1986 to
provide for the restoration of the common law relating to contempt of
court and for other purposes."