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Public Prosecutions Amendment Bill
2006
Introduction Print
EXPLANATORY MEMORANDUM
Clause Notes
Clause 1 sets out the purpose of the Act, which is to amend the Public
Prosecutions Act 1994 (the Act) to enable---
· the Victorian Director of Public Prosecutions (DPP) and
Crown Prosecutors to receive and exercise powers to
prosecute offences of another Australian jurisdiction in
accordance with the authority conferred by the other
jurisdiction; and
· the DPPs of other Australian jurisdictions or their
legally qualified staff to be appointed as Crown
Prosecutors so that they can prosecute Victorian
offences.
Clause 2 provides that the Bill commences operation on the day after it
receives the Royal Assent.
Clause 3 amends section 22(1) of the Act by inserting a new
paragraph (cc). That paragraph provides the DPP, with
the consent of the Attorney-General, with a function of
prosecuting the offences of other Australian jurisdictions in
accordance with any authority to do so.
It should be noted that immunity from personal liability for
anything necessarily or reasonably done or omitted to be done in
good faith by the Director of Public Prosecutions in the
performance of his or her functions under the Act (s. 46) will
extend to this function.
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Clause 4 amends section 32 of the Act by inserting a new sub-
section (3A). That sub-section allows the DPP of another
Australian jurisdiction or his or her legally qualified staff to be
appointed as a Victorian Crown Prosecutor. Such an
appointment will enable the appointed person to institute, prepare
and conduct proceedings in relation to a Victorian offence.
Clause 5 amends section 36(1) of the Act by inserting a new paragraph
(ba). That paragraph provides a Crown Prosecutor, with the
consent of the DPP, with a function of prosecuting the offences
of other Australian jurisdictions in accordance with any authority
to do so. A Director of Public Prosecutions of another
jurisdiction, or a member of the staff of the office of that
Director, who is appointed a Crown Prosecutor in Victoria under
section 32(3A) does not require the consent of the Victorian
Director of Public Prosecutions to prosecute offences in their
home jurisdiction.
It should be noted that immunity from personal liability for
anything necessarily or reasonably done or omitted to be done in
good faith by the Crown Prosecutor in the performance of his or
her functions under the Act (s. 46) will extend to this function.
Clause 6 inserts a new section 55 in the Act. That section validates actions
taken before the commencement of this Amendment Act that
would have been valid had the Amendment Act been in operation
at the time.
Clause 7 provides for the automatic repeal of this amending Act on the
first anniversary of its commencement. As recommended by the
Scrutiny of Acts and Regulations Committee, all amending Acts
now contain an automatic repeal provision, which will save the
time and expense of having to repeal amending Acts in statute
law revision Bills. The repeal of this Act does not affect in any
way the operation of the amendments made by this Act (see
section 15(1) of the Interpretation of Legislation Act 1984).
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