Document ID: chunk:federal_register_of_legislation:C2024C00809:section:8
Version: federal_register_of_legislation:C2024C00809
Segment Type: section
Provision Reference: s 8
Character Range: 20912–23106

8  Directions and guidelines by Attorney‑General
 (1) In the performance of the Director's functions and in the exercise of the Director's powers, the Director is subject to such directions or guidelines as the Attorney‑General, after consultation with the Director, gives or furnishes to the Director by instrument in writing.
 (2) Without limiting the generality of subsection (1), directions or guidelines under that subsection may:
 (a) relate to the circumstances in which the Director should institute or carry on prosecutions for offences;
 (b) relate to the circumstances in which undertakings should be given under subsection 9(6); and
 (c) be given or furnished in relation to particular cases.
 (3) Where the Attorney‑General gives a direction or furnishes a guideline under subsection (1), he or she shall:
 (a) as soon as practicable after the time that is the relevant time in relation to the instrument containing the direction or guideline, cause a copy of the instrument to be published in the Gazette; and
 (b) cause a copy of that instrument to be laid before each House of the Parliament within 15 sitting days of that House after that time.
 (4) Subject to subsection (5), the relevant time for the purposes of subsection (3), in relation to an instrument under subsection (1), is the time when the instrument is made.
 (5) Where:
 (a) an instrument under subsection (1) relates to a matter in relation to which proceedings may be instituted or are being carried on; and
 (b) the Attorney‑General is satisfied that the interests of justice require that the contents of the instrument not be disclosed;
the relevant time for the purposes of subsection (3) in relation to the instrument is whichever is the earlier of the following times:
 (c) the time when the Attorney‑General ceases to be satisfied as to the matter mentioned in paragraph (b); or
 (d) the time when:
 (i) it is decided that no proceedings will be instituted in relation to the matter; or
 (ii) all proceedings in relation to the matter (including proceedings by way of appeal from, or otherwise arising out of, proceedings in relation to the matter) are determined or discontinued;
  as the case may be.