Director of Public Prosecutions Regulations 1984

Director of Public Prosecutions Regulations 1984

Statutory Rules No. 249, 1984

made under the

Director of Public Prosecutions Act 1983

Compilation No. 7

Compilation date:   23 May 2018

Includes amendments up to: F2018L00478

Registered:    26 June 2018

About this compilation

This compilation

This is a compilation of the Director of Public Prosecutions Regulations 1984 that shows the text of the law as amended and in force on 23 May 2018 (the compilation date).

The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.

Uncommenced amendments

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 (www.legislation.gov.au). 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.

Application, saving and transitional provisions for provisions and amendments

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.

Editorial changes

For more information about any editorial changes made in this compilation, see the endnotes.

Modifications

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.

Self‑repealing provisions

If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.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

1 Name of Regulations

2 Definitions

3 Other functions of the Director of Public Prosecutions

4 Additional powers of the Director of Public Prosecutions

5 Prescribed bodies—paragraph 9(6C)(c) of the Act

Endnotes

Endnote 1—About the endnotes

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history

1  Name of Regulations

  These Regulations are the Director of Public Prosecutions Regulations 1984.

2  Definitions

  In these Regulations:

Act means the Director 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.

3  Other functions of the Director of Public Prosecutions

 (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 the Director 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.

4  Additional powers of the Director of Public Prosecutions

  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.

5  Prescribed bodies—paragraph 9(6C)(c) of the Act

  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.

Endnotes

Endnote 1—About the endnotes

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

Abbreviation key—Endnote 2

The abbreviation key sets out abbreviations that may be used in the endnotes.

Legislation history and amendment history—Endnotes 3 and 4

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.

Editorial changes

The Legislation Act 2003 authorises First Parliamentary Counsel to make editorial and presentational changes to a compiled law in preparing a compilation of the law for registration. The changes must not change the effect of the law. Editorial changes take effect from the compilation registration date.

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.

Misdescribed amendments

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.

Endnote 2—Abbreviation key

Endnote 3—Legislation history

Endnote 4—Amendment history