Victorian Current Acts

PUBLIC PROSECUTIONS ACT 1994 - SECT 46

    (1)     This section applies to a person who is or has been (whether before or after the commencement of section 3 of the Public Prosecutions (Amendment) Act 2004 )—

        (a)     the Director;

        (b)     the Chief Crown Prosecutor;

        (c)     a Crown Prosecutor;

S. 46(1)(d) substituted by No. 3/2012 s. 22(1).

        (d)     an Associate Crown Prosecutor appointed under section 36A as in force before the commencement of section 21 of the Public Prosecutions Amendment Act 2012 ;

S. 46(1)(e) substituted by No. 3/2012 s. 22(2).

        (e)     the Solicitor for Public Prosecutions appointed under section 37 as in force before the commencement of section 21 of the Public Prosecutions Amendment Act 2012 ;

        (f)     a member of staff employed in the Office of Public Prosecutions in connection with the institution, preparation or conduct of any proceeding or matter on behalf of the Director;

S. 46(1)(g) amended by No. 3/2012 s. 22(3).

        (g)     a member of the Committee for Public Prosecutions appointed under section 42(2)(d) as in force before the commencement of section 21 of the Public Prosecutions Amendment Act 2012 ;

        (h)     the Director of Public Prosecutions under the Director of Public Prosecutions Act 1982 or a Prosecutor for the Queen holding office before the commencement of section 51(3) of this Act under section 352 of the Crimes Act 1958 ;

              (i)     a member of staff referred to in section 51(8) employed in connection with the institution, preparation or conduct of any proceeding or matter on behalf of the Director of Public Prosecutions under the Director of Public Prosecutions Act 1982 .

    (2)     A person to whom this section applies is not personally liable for anything necessarily or reasonably done or omitted to be done in good faith—

        (a)     in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or the Director of Public Prosecutions Act 1982 ; or

        (b)     in the reasonable belief that the act or omission was in the exercise of a power or the performance of a function or duty under, or in connection with, this Act or the Director of Public Prosecutions Act 1982 .

    (3)     Any liability resulting from an act or omission that, but for subsection (2), would attach to a person to whom this section applies attaches instead to the State.

S. 47 amended by No. 68/2009 s. 95.