Document ID: chunk:federal_register_of_legislation:C2005C00504:clause:5_5
Version: federal_register_of_legislation:C2005C00504
Segment Type: clause
Provision Reference: sch 5 cl 5
Character Range: 71227–72492

5  Subsection 9(8A)
Repeal the subsection, substitute:

 (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.