Document ID: chunk:federal_register_of_legislation:C2024C00809:section:9:p1
Version: federal_register_of_legislation:C2024C00809
Segment Type: section
Provision Reference: s 9 (pt 1/5)
Character Range: 23106–25718

9  Powers of Director
 (1) For the purposes of the performance of his or her functions, the Director may prosecute by indictment in his or her official name indictable offences against the laws of the Commonwealth, but nothing in this subsection prevents the Director from prosecuting an offence against a law of the Commonwealth in any other manner.
 (2) Where the Director institutes a prosecution on indictment for an offence against a law of the Commonwealth, the indictment shall be signed:
 (a) by the Director; or
 (b) for and on behalf of the Director, by a person authorized by the Director, by instrument in writing, to sign indictments.
 (3) For the purposes of the performance of his or her functions, the Director may take over a prosecution on indictment for an offence against a law of the Commonwealth, being a prosecution instituted by another person (other than the Attorney‑General or a Special Prosecutor).
 (3A) Where a person holding office as a Special Prosecutor under the Special Prosecutors Act 1982 dies, or ceases for any reason so to hold office and is not forthwith re‑appointed, the Director may, for the purposes of the performance of the Director's functions, take over a prosecution on indictment for an offence against a law of the Commonwealth, being a prosecution that:
 (a) was instituted; or
 (b) was, at the time when the person died or ceased so to hold office, being carried on;
by the person, or by a person acting as a Special Prosecutor under that Act in the place of the first‑mentioned person.
 (4) Where:
 (a) a person is under commitment, or has been indicted, on a charge of an indictable offence against a law of the Commonwealth; and
 (b) the prosecution for the offence was instituted, has been taken over or is being carried on by the Director;
the Director may decline to proceed further in the prosecution and may, if the person is in custody, by warrant signed by the Director, direct the discharge of the person from custody, and where such a direction is given, the person shall be discharged accordingly.
 (5) For the purposes of the performance of his or her functions, the Director may take over a proceeding that was instituted or is being carried on by another person, being a proceeding:
 (a) for the commitment of a person for trial in respect of an indictable offence against a law of the Commonwealth; or
 (b) for the summary conviction of a person in respect of an offence against a law of the Commonwealth;
and where the Director takes over such a proceeding, he or she may decline to carry it on further.
 (5A) Where the Director is carrying