(1) The Governor may
appoint a person who is not otherwise authorised under this Act to do so,
including an officer of another jurisdiction in Australia, to prosecute
offences.
(2) Such an
appointment may be made subject to any terms the Governor thinks fit including
restrictions as to which offences or classes of offences it applies and as to
the circumstances in which the power to prosecute may be exercised.
(3) The
Governor’s power in subsection (1) may be exercised in relation to any
offence and despite any enactment that limits who may commence or conduct a
prosecution for the offence.
(4) Any such
appointment must be in writing and must specify any such terms.
(5) In the absence of
evidence to the contrary, a court must presume that a person appointed under
subsection (1) is acting in accordance with any terms applicable to it.