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PARLIAMENT OF VICTORIA
Public Prosecutions Amendment Bill 2006
TABLE OF PROVISIONS
Clause Page
1 Purpose 1
2 Commencement 2
3 Functions of Director 2
4 Terms and conditions of appointment for Crown Prosecutors 2
5 Functions of Crown Prosecutors 3
6 New section 55 inserted 3
55 Validation provision 3
7 Repeal 4
ENDNOTES 5
561010B.I-19/12/2006 i BILL LA INTRODUCTION 19/12/2006
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Public Prosecutions Amendment Bill
2006
A Bill for an Act to amend the Public Prosecutions Act 1994 and for
other purposes.
The Parliament of Victoria enacts:
1 Purpose
The purpose of this Act is to amend the Public
Prosecutions Act 1994--
(a) to enable the Director of Public Prosecutions
5 and Crown Prosecutors to receive and
exercise powers to prosecute offences of
another Australian jurisdiction in accordance
with the appointment, commission or
authority conferred by the other jurisdiction;
10 and
(b) to enable the Director of Public Prosecutions
of another jurisdiction, and the staff of that
Director's office who are legal practitioners,
561010B.I-19/12/2006 1 BILL LA INTRODUCTION 19/12/2006
Public Prosecutions Amendment Bill 2006
s. 2
to be appointed to prosecute Victorian
offences on behalf of the Victorian Director
of Public Prosecutions.
2 Commencement
5 This Act comes into operation on the day after the
day on which it receives the Royal Assent.
3 Functions of Director
See: (1) After section 22(1)(cb) of the Public
Act No.
43/1994. Prosecutions Act 1994 insert--
Reprint No. 2
10 as at "(cc) if the Director, with the consent of the
22 December
1999 and
Attorney-General, holds an appointment,
amending commission or authority to prosecute
Act Nos
19/2001,
offences against laws of the Commonwealth
4/2004, or another State or a Territory, to institute,
108/2004,
15 18/2005,
prepare and conduct proceedings in
50/2006. accordance with that appointment,
LawToday:
www.dms.
commission or authority;".
dpc.vic.
gov.au (2) After section 22(1A) of the Public Prosecutions
Act 1994 insert--
20 "(1B) The Attorney-General's consent under
subsection (1)(cc) may be general or specific
in nature.".
4 Terms and conditions of appointment for Crown
Prosecutors
25 After section 32(3) of the Public Prosecutions
Act 1994 insert--
"(3A) Despite anything to the contrary in
subsection (1) or (2), the Director of Public
Prosecutions under the law of another State
30 or a Territory, or a member of the staff of the
office of that Director who is a legal
practitioner, may be appointed under this Act
as a Crown Prosecutor for the period that he
or she is that Director or such a member.".
561010B.I-19/12/2006 2 BILL LA INTRODUCTION 19/12/2006
Public Prosecutions Amendment Bill 2006
s. 5
5 Functions of Crown Prosecutors
(1) After section 36(1)(b) of the Public Prosecutions
Act 1994 insert--
"(ba) if the Crown Prosecutor, with the consent of
5 the Director, holds an appointment,
commission or authority to prosecute
offences against laws of the Commonwealth
or another State or a Territory, to institute,
prepare and conduct proceedings in
10 accordance with that appointment,
commission or authority;".
(2) After section 36(2) of the Public Prosecutions
Act 1994 insert--
"(2A) The Director's consent under subsection
15 (1)(ba) may be general or specific in
nature.".
6 New section 55 inserted
After section 54 of the Public Prosecutions Act
1994 insert--
20 "55 Validation provision
Anything done or purported to have been
done under this Act before the
commencement of the Public Prosecutions
Amendment Act 2006 that would have been
25 validly done had that Act been in operation
at the time at which the thing was done or
purported to have been done has, and is
deemed always to have had, the same force
and effect as it would have had if the Public
30 Prosecutions Amendment Act 2006 had
been in operation at the time at which the
thing was done or purported to have been
done.".
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Public Prosecutions Amendment Bill 2006
s. 7
7 Repeal
This Act is repealed on the first anniversary of its
commencement.
561010B.I-19/12/2006 4 BILL LA INTRODUCTION 19/12/2006
Public Prosecutions Amendment Bill 2006
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561010B.I-19/12/2006 5 BILL LA INTRODUCTION 19/12/2006
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