Document ID: chunk:federal_register_of_legislation:C2024C00809:section:14
Version: federal_register_of_legislation:C2024C00809
Segment Type: section
Provision Reference: s 14
Character Range: 38873–40268

14  Director to inform court when taking over or carrying on proceedings
 (1) Where:
 (a) pursuant to subsection 9(3), (3A) or (5), the Director takes over a prosecution or proceeding; or
 (b) the Director decides to carry on:
 (i) a prosecution for an offence against a law of the Commonwealth; or
 (ii) a proceeding for the recovery of a pecuniary penalty under a law of the Commonwealth;
  being a prosecution or proceeding that was instituted or is being carried on by another person;
the Director shall, as soon as practicable:
 (c) by notice in writing, inform the registrar or other proper officer of the court in which the prosecution or proceeding is to be heard; or
 (d) if the prosecution or proceeding is being heard by a judge or magistrate—in such manner as the Director thinks fit, inform the judge or magistrate;
that the Director has taken over, or is carrying on, as the case may be, the prosecution or proceeding, but failure of the Director to do so does not affect any of the Director's powers in relation to the prosecution or proceeding.
 (2) The Director shall, as from the time when he or she complies with subsection (1) in relation to a prosecution or proceeding that he or she has taken over pursuant to subsection 9(3), (3A) or (5), be deemed for all purposes to be the prosecutor, informant or complainant, as the case requires, in that prosecution or proceeding.