Document ID: chunk:federal_register_of_legislation:C2004A04103:schedule:2:p1
Version: federal_register_of_legislation:C2004A04103
Segment Type: schedule
Provision Reference: sch 2 (pt 1/17)
Character Range: 26148–28977

Schedule 2

39. The Principal Act is amended by adding at the end the Schedule set out in Schedule 1 to this Act.

        PART 6—AMENDMENTS OF THE DIRECTOR OF PUBLIC PROSECUTIONS ACT 1983

Principal Act

40. In this Part, "Principal Act" means the Director of Public Prosecutions Act 19835.

Interpretation

  41. Section 3 of the Principal Act is amended:

  (a) by inserting in subsection (1) the following definition:

     " 'Associate Director' means the Associate Director of Public Prosecutions;";

     (b) by omitting paragraph (4) (a) and substituting the following paragraphs:

      "(a) the Associate Director; or

      (aa) a member of the staff mentioned in subsection 27 (1); or

      (ab) a person employed under subsection 27 (3); or".

Office of the Director of Public Prosecutions

42. Section 5 of the Principal Act is amended by adding at the end of subsection (2) "and an Associate Director of Public Prosecutions".

Powers of Director

  43. Section 9 of the Principal Act is amended:

  (a) by inserting after subsection (5) the following subsection:

     "(5a) Where the Director is carrying on a proceeding instituted by another person, being a proceeding of the kind mentioned in paragraph (5) (a) or (b), the Director may decline to carry it on further even if the Director has not taken it over under subsection (5).";

     (b) by omitting subsection (6c) and substituting the following subsection:

      "(6c) In subsection (6b):

     'State or Territory proceedings' means:

       (a) proceedings in a State or Territory:

             (i) for an offence against, or for the recovery of a pecuniary penalty under, a law of that State or Territory; or

             (ii) in respect of a forfeiture order under a law of that State or Territory; or

         (b) proceedings in a State or Territory by way of a coronial inquest or inquiry under a law of that State or Territory; or

         (c) proceedings in a State or Territory before a prescribed authority or a prescribed body established under a law of that State or Territory.".

Director may request assistance of Commissioner of Police

44. Section 13 of the Principal Act is amended by inserting ", or staff members (or both)," after "members".

45. After section 18 of the Principal Act the following sections are inserted:

Appointment etc. of Associate Director

"18a. (1) The Associate Director must be appointed by the Governor-General.

"(2) The Associate Director holds office for the period, not longer than 7 years, specified in the instrument of appointment, but is eligible for re-appointment.

"(3) A person must not be appointed as the Associate Director unless he or she is a legal practitioner and has been a legal practitioner for at least 5 years.

"(4) A person who has turned 65 must not be appointed as the