Commonwealth Numbered Acts

SPECIAL PROSECUTORS ACT 1982 No. 79, 1982 - SECT 8

8. (1) For the purposes of the performance of his functions, a Special
Prosecutor is entitled to prosecute by indictment in his own name indictable
offences against the laws of the Commonwealth or of the Territories but
nothing in this sub-section prevents a Special Prosecutor from prosecuting an
offence against the laws of the Commonwealth or of the Territories in any
other manner.

(2) Where a person is under commitment on a charge of an indictable offence
against the laws of the Commonwealth or of a Territory, being a prosecution
instituted or carried on by a Special Prosecutor, that Special Prosecutor may
decline to proceed further in the prosecution and may, if the person is in
custody, by warrant under his hand direct the discharge of the person from
custody, and where such a direction is given, the person shall be discharged
accordingly.

(3) Nothing in this section affects the powers under sections 69 and 71 of the
Judiciary Act 1903 of the Attorney-General or a person appointed by the
Governor-General.
(4) In this section, ''Special Prosecutor'' includes a person acting as a
Special Prosecutor.