Victorian Current Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

PUBLIC PROSECUTIONS ACT 1994 - SECT 45H

Delegation of functions in relation to special decisions

S. 45H(1) amended by No. 77/2013 s. 23(1)(a).

    (1)     Despite anything to the contrary in this Act, if the Director will not be available for any reason to act as a member of the Director's Committee for a particular period not exceeding 2 weeks, he or she may, by instrument, delegate his or her functions and powers under this Division in respect of that period to the Chief Crown Prosecutor.

S. 45H(1)(a)(b) repealed by No. 77/2013 s. 23(1)(b).

    *     *     *     *     *

S. 45H(2) amended by No. 77/2013 s. 23(2)(a).

    (2)     Despite anything to the contrary in this Act, if the Chief Crown Prosecutor will not be available for any reason to act as a member of the Director's Committee for a particular period not exceeding 2 weeks, he or she may, by instrument, delegate his or her functions and powers under this Division in respect of that period to a Crown Prosecutor appointed under Part 5 as a Senior Crown Prosecutor.

S. 45H(2)(a)(b) repealed by No. 77/2013 s. 23(2)(b).

    *     *     *     *     *

    (3)     If the functions and powers of the Director under this Division in respect of a particular period are delegated to the Chief Crown Prosecutor under subsection (1), the Chief Crown Prosecutor must, by instrument, delegate in accordance with subsection (2) (as if he or she were not available) his or her functions and powers under this Division in respect of that period.

    (4)     If a person to whom functions and powers are delegated in accordance with subsection (1) or (2) has begun to consider a special decision but the period of delegation expires before his or her functions under this section have been completed in relation to that decision, the delegate must complete those functions in all respects as if the delegation had not expired.

Part 9—Miscellaneous

S. 46 amended by No. 44/1997
s. 32,
repealed by No. 62/1999 s. 7, new s. 46 inserted by No. 4/2004 s. 3.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback