Document ID: chunk:federal_register_of_legislation:C2012C00358:section:6
Version: federal_register_of_legislation:C2012C00358
Segment Type: section
Provision Reference: s 6
Character Range: 2450–4791

6  Functions

 (1) The functions of a Special Prosecutor are:
 (a) in respect of such matters or classes of matters as the Attorney‑General, by instrument in writing published in the Gazette, from time to time specifies in relation to that Special Prosecutor for the purposes of this paragraph:
 (i) to institute prosecutions in any court for offences against the laws of the Commonwealth or of the Territories; and
 (ii) to carry on prosecutions (whether or not instituted by him or her) in any court for offences against the laws of the Commonwealth or of the Territories; and
 (b) in respect of such matters or classes of matters as the Attorney‑General, by instrument in writing published in the Gazette, from time to time specifies in relation to that Special Prosecutor for the purposes of this paragraph, to take, or to coordinate or supervise the taking of, civil remedies on behalf of the Commonwealth and its authorities.

 (2) The institution or carrying on by a Special Prosecutor of a prosecution for an offence against a law of the Commonwealth or of a Territory, or any other act or thing done by a Special Prosecutor in relation to such a prosecution, shall not be challenged or called in question in any court on the ground that the prosecution did not relate to a matter specified by the Attorney‑General under paragraph (1)(a).

 (3) The taking by a Special Prosecutor of a civil remedy on behalf of the Commonwealth or an authority of the Commonwealth, or any other act or thing done by a Special Prosecutor in relation to the taking of such a civil remedy, shall not be challenged or called in question in any court on the ground that the taking of the civil remedy did not relate to a matter specified by the Attorney‑General under paragraph (1)(b).

 (4) In addition to his or her functions under subsection (1), a Special Prosecutor shall perform any functions in relation to the institution or carrying on of prosecutions for offences against the laws of a State that are conferred upon him or her by or under any State Act.

 (5) Nothing in this Act affects the right of any person other than a Special Prosecutor to institute or carry on a prosecution for an offence against a law of the Commonwealth or of a Territory or to take a civil remedy on behalf of the Commonwealth or an authority of the Commonwealth.