Director of Public Prosecutions Regulations (Amendment) 1992 No. 371
EXPLANATORY STATEMENT
STATUTORY RULES 1992 No. 371
Issued by the authority of the Attorney-General
Director of Public Prosecutions Act 1983
Director of Public Prosecutions Regulations (Amendment)
Section 34 of the Director of Public Prosecutions Act 1983 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.
The purpose of the Director of Public Prosecutions Regulations (Amendment) is to prescribe additional functions of the Director of Public Prosecutions and to prescribe three State crime bodies for the purpose of the Director's power to grant indemnities with regard to evidence in certain proceedings.
Paragraph 6(2)(b) of the Act provides that the Director of Public Prosecutions (the Director) may perform, in addition to the functions provided in subsection 6(1) of the Act, other functions as prescribed. The additional functions are prescribed in regulation 3 of the Director of Public Prosecutions Regulations (the principal regulations).
Regulation 2 of the amending regulations amends regulation 3 of the principal regulations to enable the Director to perform two additional functions. The first is to carry on committal proceedings or summary proceedings in respect of offences against the laws of the States instituted by a person who performs services for the National Crime Authority under an arrangement under subsection 58(1) of the National Crime Authority Act 1284. It will, in particular, enable the Director to carry on such proceedings where they are instituted by State police officers who are performing services for the National Crime Authority. The second additional function in regulation 2 is to carry on committal proceedings or summary proceedings in respect of offences against the laws of the States where such proceedings are instituted by the Australian Securities Commission in its corporate name.
Regulation 3 of the amending regulations inserts a new regulation 5 which prescribes three State crime bodies for the purposes of paragraph 9(6C)(c) of the Act. This paragraph of the Act defines "State and Territory proceedings" in subsection 9(6B) to include proceedings in a State or Territory before a prescribed authority or a prescribed body established under a law of that State or Territory. Subsection 9(6B) of the Act provides for the Director to give indemnities in respect of oral or documentary evidence in these State or Territory proceedings. The three bodies prescribed are the New South Wales Crime Commission, the Independent Commission Against Corruption (New South Wales) and the Criminal Justice Commission (Queensland).
The regulations will commence on gazettal.
Overview
The Director of Public Prosecutions Regulations (Amendment) 1992 (No. 371) amends the Director of Public Prosecutions Regulations under the Director of Public Prosecutions Act 1983, to provide additional functions for the Director of Public Prosecutions and to prescribe State crime bodies for the purpose of the Director's power to grant indemnities with regard to evidence in certain proceedings. Enacted by the Parliament of Australia, these regulations aim to enhance the capacity of the Director to handle proceedings related to offences against state laws and to streamline the process of granting indemnities for evidence in State and Territory proceedings. The amendment responds to a legislative gap by enabling the Director to conduct committal or summary proceedings for offences against state laws instituted by individuals serving the National Crime Authority and the Australian Securities Commission, thereby ensuring a more robust legal framework for handling complex criminal matters.
Scope and Application
The Director of Public Prosecutions Regulations (Amendment) 1992 extends the scope of the Director of Public Prosecutions Act 1983 by prescribing additional functions for the Director of Public Prosecutions and designating specific State crime bodies. These amendments, pursuant to section 34 of the Act, empower the Director to carry out committal or summary proceedings for offences against State laws, instituted by individuals performing services for the National Crime Authority, including State police officers, and by the Australian Securities Commission. Furthermore, these regulations introduce a new regulation that identifies three State crime bodies—the New South Wales Crime Commission, the Independent Commission Against Corruption (New South Wales), and the Criminal Justice Commission (Queensland)—as eligible recipients of indemnities from the Director concerning evidence in State or Territory proceedings. These changes are designed to streamline the legal processes and enhance cooperation between various law enforcement entities within Australia.
Key Provisions
The Director of Public Prosecutions Regulations (Amendment) 1992 No. 371 (the amending regulations) amends the Director of Public Prosecutions Regulations 1984 (the principal regulations) to expand the functions of the Director of Public Prosecutions (the Director) and to specify additional State crime bodies. Regulation 2 of the amending regulations introduces two new functions for the Director. Firstly, the Director is authorised to conduct committal or summary proceedings for offences against state laws when these proceedings are initiated by individuals serving for the National Crime Authority under an arrangement under subsection 58(1) of the National Crime Authority Act 1984. This includes cases where the proceedings are initiated by state police officers who are seconded to the National Crime Authority. Secondly, the Director can conduct committal or summary proceedings for offences against state laws when the proceedings are initiated by the Australian Securities Commission in its corporate capacity. These provisions allow the Director to handle specific proceedings that were previously outside their scope, thereby ensuring more comprehensive oversight and prosecution of relevant offences.
The amending regulations impose certain obligations and requirements on the Director. These include conducting committal or summary proceedings for specified state law offences when initiated by individuals performing services for the National Crime Authority and when initiated by the Australian Securities Commission. This expansion of the Director's functions requires them to manage additional proceedings, ensuring that these cases are handled in accordance with the law. Additionally, the regulations mandate the Director to provide indemnities in respect of oral or documentary evidence for proceedings before the prescribed State crime bodies, namely the New South Wales Crime Commission, the Independent Commission Against Corruption (New South Wales), and the Criminal Justice Commission (Queensland). This ensures that the Director’s power to grant indemnities is clearly defined and applicable to these specific bodies.
There are no specific offences, penalties, or civil/criminal consequences outlined in the amending regulations themselves. However, any breach of the Director of Public Prosecutions Act 1983 or the amended regulations could lead to legal consequences depending on the nature of the breach. Generally, under the Director of Public Prosecutions Act, any failure to perform the prescribed functions or any misuse of the Director’s powers could potentially lead to legal action. The penalties for any breaches would be determined by the relevant provisions of the Act and other applicable laws, and could include fines, imprisonment, or other civil remedies. The precise penalties would depend on the specific circumstances and the severity of the breach.