Document ID: chunk:federal_register_of_legislation:C2024C00809:section:9:p4
Version: federal_register_of_legislation:C2024C00809
Segment Type: section
Provision Reference: s 9 (pt 4/5)
Character Range: 30189–32893

will not be prosecuted (whether on indictment or summarily):
 (a) for a specified offence against a law of the Commonwealth; or
 (b) in respect of specified acts or omissions that constitute, or may constitute, an offence against a law of the Commonwealth.
 (6E) Where the Director gives to a person an undertaking under subsection (6D), no criminal proceedings shall be instituted in a federal court or in a court of a State or Territory against the person in respect of such an offence or in respect of such acts or omissions.
 (6F) An undertaking under subsection (6D) may be subject to such conditions (if any) as the Director considers appropriate.
 (7) Where the Director has instituted or taken over, or is carrying on, a prosecution for an offence against a law of the Commonwealth, the Director may exercise in respect of that prosecution, in addition to such rights of appeal (if any) as are exercisable by him or her otherwise than under this subsection, such rights of appeal (if any) as are exercisable by the Attorney‑General in respect of that prosecution.
 (8) Nothing in subsection (7) prevents the exercise by the Attorney‑General of a right of appeal that, but for that subsection, would be exercisable by the Attorney‑General.
 (8A) If:
 (a) proceedings for the summary conviction of a person in respect of an offence against a law of the Commonwealth were instituted by a person (the relevant person) other than the Director; and
 (b) the Director subsequently carried on the proceedings;
then:
 (c) in addition to any other rights of appeal the Director has, the Director may exercise, in respect of the proceedings, such rights of appeal as (disregarding the effect of paragraph (d)) are exercisable by the relevant person; and
 (d) except where the Attorney‑General is the relevant person—the relevant person cannot exercise those rights of appeal.
 (8B) If:
 (a) proceedings for the summary conviction of a person in respect of an offence against a law of the Commonwealth were instituted by a person (the relevant person) other than the Director; and
 (b) the proceedings were not carried on by the Director;
then:
 (c) if the relevant person institutes an appeal in respect of the proceedings, the Director may carry on that appeal on behalf of the relevant person; and
 (d) if the defendant in the proceedings institutes an appeal in respect of the proceedings, the Director may act on behalf of the respondent in the appeal.
 (9) For the purposes of the performance of the function referred to in paragraph 6(1)(g), the Director may institute, in the name of the Commonwealth or of an authority of the Commonwealth, proceedings for the recovery of a pecuniary penalty under a