Commonwealth Numbered Acts

Director of Public Prosecutions Act 1983 No. 113 of 1983 - SECT 8

8. (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 sub-section (1), directions or
guidelines under that sub-section 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 sub-section 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 sub-section (1), he 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 sub-section (5), the relevant time for the purposes of
sub-section (3), in relation to an instrument under sub-section (1), is the
time when the instrument is made.

(5) Where-

   (a)  an instrument under sub-section (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 sub-section (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.