DIRECTOR OF PUBLIC PROSECUTIONS ACT 1983

This compilation was prepared on 7 May 2012
taking into account amendments up to Act No. 24 of 2012

The text of any of those amendments not in force
on that date is appended in the Notes section

The operation of amendments that have been incorporated may be
affected by application provisions that are set out in the Notes section

Prepared by the Office of Legislative Drafting and Publishing,
Attorney-General's Department, Canberra

Contents

1............ Short title [see Note 1] ........................................................................ 1

2............ Commencement [see Note 1] .............................................................. 1

3............ Interpretation ....................................................................................... 1

4............ Extension to external Territories .......................................................... 3

5............ Office of the Director of Public Prosecutions ..................................... 3

6............ Functions of Director .......................................................................... 3

7............ Consultation ...................................................................................... 10

8............ Directions and guidelines by Attorney-General ................................ 10

9............ Powers of Director ............................................................................ 11

10.......... Powers and functions of Director do not affect those of certain other persons 17

11.......... Directions and guidelines by Director ............................................... 18

12.......... Provision of information to Director ................................................. 19

13.......... Director may request assistance of Commissioner of Police ............. 19

14.......... Director to inform court when taking over or carrying on proceedings 20

15.......... Appearances by and on behalf of Director ........................................ 20

15A....... Appearances on behalf of Director in summary or committal proceedings 21

16.......... Right of Director and staff to practise in their official capacity .......... 21

16A....... Prohibition of publication of evidence etc. in certain proceedings ..... 22

17.......... States may give members of staff of Office prosecution and appeal functions relating to State offences 23

18.......... Appointment, and terms and conditions of appointment, of Director 23

18A....... Appointment etc. of Associate Director ............................................ 24

18B....... Exercise of powers and functions by Associate Director .................. 24

19.......... Remuneration and allowances ........................................................... 25

20.......... Leave of absence ............................................................................... 25

21.......... Resignation ....................................................................................... 25

22.......... Director or Associate Director not to undertake other work .............. 26

23.......... Termination of appointment .............................................................. 26

24.......... Disclosure of interests ....................................................................... 27

25.......... Oath or affirmation of office ............................................................. 27

26.......... Acting appointments--Director ........................................................ 28

26A....... Acting appointments--Associate Director ........................................ 28

27.......... Staff .................................................................................................. 29

28.......... Engagement of consultants etc. ......................................................... 29

29.......... Staff on secondment to Director ........................................................ 30

30.......... Administrative arrangements ............................................................. 30

31.......... Delegation by Director ...................................................................... 30

32.......... Arrangements with the Australian Government Solicitor .................. 32

32A....... Immunity from civil proceedings ...................................................... 32

33.......... Annual report .................................................................................... 33

33A....... Service of process on the Director .................................................... 34

34.......... Regulations ....................................................................................... 34

Schedule 35

Notes 37

Notes to the Director of Public Prosecutions Act 1983

Note 1

The Director of Public Prosecutions Act 1983 as shown in this compilation comprises Act No. 113, 1983 amended as indicated in the Tables below.

The Director of Public Prosecutions Act 1983 was amended by the Public Employment (Consequential and Transitional) Regulations 1999 (Statutory Rules 1999 No. 301 as amended by Statutory Rules 2000 No. 332). The amendments are incorporated in this compilation.

All relevant information pertaining to application, saving or transitional provisions prior to 7 March 2000 is not included in this compilation. For subsequent information see Table A.

The Director of Public Prosecutions Act 1983 is affected by section 43 of the CSL Sale Act 1993 and section 30 of the Housing Loans Insurance Corporation (Transfer of Assets and Abolition) Act 1996 see Table B.

The Director of Public Prosecutions Act 1983 was modified by the A.C.T. Self-Government (Consequential Provisions) Regulations see Table C.

Table of Acts

Act	Number and year	Date of Assent	Date of commencement	Application, saving or transitional provisions
Director of Public Prosecutions Act 1983	113, 1983	14 Dec 1983	5 Mar 1984 (see Gazette 1984, No. S55)
Australian Government Solicitor (Consequential Amendments) Act 1984	10, 1984	10 Apr 1984	1 July 1984 (see s. 2(1) and Gazette 1984, No. S231)	Ss. 2(2) and 4(1)
Statute Law (Miscellaneous Provisions) Act (No. 2) 1984	165, 1984	25 Oct 1984	S. 3: 22 Nov 1984 (a)	S. 6(1)
Director of Public Prosecutions Amendment Act 1985	64, 1985	5 June 1985	1 July 1985 (see Gazette 1985, No. S254)	S. 3(2) and (3)
Public Service and Statutory Authorities Amendment Act 1985	166, 1985	11 Dec 1985	S. 45: 8 Jan 1986 (b)	S. 45(2)
Director of Public Prosecutions Amendment Act 1986	88, 1986	25 June 1986	18 July 1986 (see Gazette 1986, No. S342)	--
Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987	86, 1987	5 June 1987	S. 3: 1 Aug 1988 (see Gazette 1988, No. S225) (c)	--
as amended by
Statute Law (Miscellaneous Provisions) Act 1987	141, 1987	18 Dec 1987	S. 3: Royal Assent (d)	S. 5(1)
Statute Law (Miscellaneous Provisions) Act 1987	141, 1987	18 Dec 1987	S. 3: Royal Assent (e)	S. 5(1)
Extradition (Repeal and Consequential Provisions) Act 1988	5, 1988	9 Mar 1988	1 Dec 1988 (see s. 2(1) and Gazette 1988, No. S366)	S. 7(2)
as amended by
Law and Justice Legislation Amendment Act 1988	120, 1988	14 Dec 1988	Part X (ss. 32, 33): (f)	--
Law and Justice Legislation Amendment Act 1988	120, 1988	14 Dec 1988	Part IX (ss. 30, 31): 11 Jan 1989 (g)	--
Crimes Legislation Amendment Act 1989	108, 1989	30 June 1989	S. 10: 30 June 1990 Parts 5, 6 and 7 (ss. 17-35): 28 July 1989 Part 8 (ss. 36-43): 1 July 1989 Remainder: Royal Assent	--
Crimes Legislation Amendment Act 1991	28, 1991	4 Mar 1991	S. 43: 1 Apr 1991 (h) Ss. 40-42 and 44-56: Royal Assent (h)	--
Industrial Relations Legislation Amendment Act 1991	122, 1991	27 June 1991	Ss. 4(1), 10(b) and 15-20: 1 Dec 1988 Ss. 28(b)-(e), 30 and 31: 10 Dec 1991 (see Gazette 1991, No. S332) Remainder: Royal Assent	S. 31(2)
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 1992	94, 1992	30 June 1992	S. 3: 1 July 1990 Remainder: Royal Assent	--
Crimes Legislation Amendment Act 1992	164, 1992	11 Dec 1992	Part 1 (ss. 1, 2) and Parts 3-11 (ss. 18-53): 8 Jan 1993 Remainder: 1 Feb 1993 (see Gazette 1993, No. GN1)	--
Qantas Sale Act 1992	196, 1992	21 Dec 1992	Schedule (Part 1): 10 Mar 1993 (see Gazette 1993, No. GN17) (i) Schedule (Part 5): 30 Aug 1995 (see Gazette 1995, No. S324) (i)	S. 30 S. 2(6) (am. by 60, 1993, s. 4; 168, 1994, s. 3)
as amended by
Qantas Sale Amendment Act 1993	60, 1993	3 Nov 1993	10 Mar 1993	--
Qantas Sale Amendment Act 1994	168, 1994	16 Dec 1994	S. 3 (item 17): Royal Assent (j)	--
Crimes and Other Legislation Amendment Act 1994	182, 1994	19 Dec 1994	S. 31: 16 Jan 1995 (k)	--
International War Crimes Tribunals (Consequential Amendments) Act 1995	19, 1995	29 Mar 1995	S. 3: 28 Aug 1995 (see Gazette 1995, No. S323) Remainder: Royal Assent	--
Statute Law Revision Act 1996	43, 1996	25 Oct 1996	Schedule 4 (item 69): Royal Assent (l) Schedule 5 (items 51-53): Royal Assent (l)	--
Judiciary Amendment Act 1999	7, 1999	31 Mar 1999	Schedules 1-3: 1 Sept 1999 (see Gazette 1999, No. S395) Remainder: Royal Assent	--
Public Employment (Consequential and Transitional) Amendment Act 1999	146, 1999	11 Nov 1999	Schedule 1 (items 390-393): 5 Dec 1999 (see Gazette 1999, No. S584) (m)	--
Australian Federal Police Legislation Amendment Act 2000	9, 2000	7 Mar 2000	2 July 2000 ( see Gazette 2000, No. S328)	Sch. 3 (items 20, 34, 35) [see Table A]
Jurisdiction of Courts Legislation Amendment Act 2000	57, 2000	30 May 2000	Schedule 5: Royal Assent (n)	Sch. 5 (item 7) [see Table A]
Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001	159, 2001	1 Oct 2001	29 Oct 2001	Sch. 1 (item 97) [see Table A]
International Criminal Court (Consequential Amendments) Act 2002	42, 2002	27 June 2002	Schedules 1-7: 26 Sept 2002 (see s. 2(1) (item 2) and Gazette 2002, No. GN38) Remainder: 28 June 2002	--
Proceeds of Crime (Consequential Amendments and Transitional Provisions) Act 2002	86, 2002	11 Oct 2002	Ss. 1-3: Royal Assent Remainder: 1 Jan 2003 (see s. 2(1) and Gazette 2002 No. GN44)	--
Law and Justice Legislation Amendment Act 2004	62, 2004	26 May 2004	Schedule 1 (items 14-16): 27 May 2004	--
Superannuation Legislation Amendment (Trustee Board and Other Measures) (Consequential Amendments) Act 2008	26, 2008	23 June 2008	Schedule 1 (items 58-60): Royal Assent	--
Federal Court of Australia Amendment (Criminal Jurisdiction) Act 2009	106, 2009	6 Nov 2009	Schedule 1 (item 1): 4 Dec 2009	--
Law and Justice Legislation Amendment (Identity Crimes and Other Measures) Act 2011	3, 2011	2 Mar 2011	Schedule 3: 3 Mar 2011	--
Acts Interpretation Amendment Act 2011	46, 2011	27 June 2011	Schedule 2 (items 536-542) and Schedule 3 (items 10, 11): 27 Dec 2011	Sch. 3 (items 10, 11) [see Table A]
Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011	58, 2011	28 June 2011	Schedule 1 (items 81, 82): (o)	--
Crimes Legislation Amendment (Powers and Offences) Act 2012	24, 2012	4 Apr 2012	Schedule 6 (items 1-3, 11(1)): 5 Apr 2012	Sch. 6 (item 11(1)) [see Table A]

(a) The Director of Public Prosecutions Act 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act (No. 2) 1984, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the twenty-eighth day after the day on which it receives the Royal Assent.

(b) The Director of Public Prosecutions Act 1983 was amended by section 45 only of the Public Service and Statutory Authorities Amendment Act 1985, subsection 2(7) of which provides as follows:

(7) The remaining provisions of this Act shall come into operation on the twenty-eighth day after the day on which this Act receives the Royal Assent.

(c) The Director of Public Prosecutions Act 1983 was amended by section 3 only of the Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987, subsection 2(2) of which provides as follows:

(2) The amendments made by this Act shall come into operation on a day to be fixed by Proclamation.

(d) The Mutual Assistance in Criminal Matters (Consequential Amendments) Act 1987 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(e) The Director of Public Prosecutions Act 1983 was amended by section 3 only of the Statute Law (Miscellaneous Provisions) Act 1987, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act shall come into operation on the day on which it receives the Royal Assent.

(f) The Extradition (Repeal and Consequential Provisions) Act 1988 was amended by Part X (sections 32 and 33) only of the Law and Justice Legislation Amendment Act 1988, subsection 2(5) of which provides as follows:

(5) If this Act receives the Royal Assent after the commencement of the Extradition Act 1988, Part X of this Act shall be taken to have commenced immediately before that commencement.

The Extradition Act 1988 came into operation on 1 December 1988 (see Gazette 1988, No. S366).

(g) The Director of Public Prosecutions Act 1983 was amended by Part IX (sections 30 and 31) only of the Law and Justice Legislation Amendment Act 1988, subsection 2(3) of which provides as follows:

(3) Parts VIII, IX and XVI (except the provisions referred to in subsection (9)) commence on the twenty-eighth day after the day on which this Act receives the Royal Assent.

(h) The Director of Public Prosecutions Act 1983 was amended by sections 40-56 only of the Crimes Legislation Amendment Act 1991, subsections 2(1) and (3) of which provide as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(3) Sections 26, 29 and 43 commence 28 days after the day on which this Act receives the Royal Assent.

(i) The Director of Public Prosecutions Act 1983 was amended by the Schedule (Parts 1 and 5) of the Qantas Sale Act 1992, subsections 2(2), (3)(a) and (c) of which provide as follows:

(2) Subject to subsection (3), the remaining provisions of this Act commence on a day or days to be fixed by Proclamation.

(3) A Proclamation may fix a day that is earlier than the day on which the Proclamation is published in the Gazette but only if:

(a) in the case of sections 30, 31, 35, 37, 39, 43 and 50 and Parts 1 and 2 of the Schedule--the day is not earlier than the substantial minority sale day; and

(c) in the case of sections 25, 36, 38, 44 and 51 and Parts 5, 6 and 7 of the Schedule--the day is not earlier than the 100% sale day.

(j) The Qantas Sale Act 1992 was amended by section 3 (item 17) only of the Qantas Sale Amendment Act 1994, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(k) The Director of Public Prosecutions Act 1983 was amended by section 31 only of the Crimes and Other Legislation Amendment Act 1994, subsection 2(4) of which provides as follows:

(4) The amendments made by this Act to the Australian Federal Police Act 1979, the Crimes (Aviation) Act 1991 (other than the amendment made to Schedule 5 to that Act), the Crimes (Hostages) Act 1989, the Crimes (Internationally Protected Persons) Act 1976, the Crimes (Overseas) Act 1964, the Crimes (Superannuation Benefits) Act 1989, the Crimes (Traffic in Narcotic Drugs and Psychotropic Substances) Act 1990, the Customs Act 1901, the Director of Public Prosecutions Act 1983, the Extradition Act 1988, the Financial Transaction Reports Act 1988 and to sections 23 and 59 of the Proceeds of Crime Act 1987 commence on the 28th day after the day on which this Act receives the Royal Assent.

(l) The Director of Public Prosecutions Act 1983 was amended by Schedule 4 (item 69) and Schedule 5 (items 51-53) only of the Statute Law Revision Act 1996, subsection 2(1) of which provides as follows:

(1) Subject to subsections (2) and (3), this Act commences on the day on which it receives the Royal Assent.

(m) The Director of Public Prosecutions Act 1983 was amended by Schedule 1 (items 390-393) only of the Public Employment (Consequential and Transitional) Amendment Act 1999, subsections 2(1) and (2) of which provide as follows:

(1) In this Act, commencing time means the time when the Public Service Act 1999 commences.

(2) Subject to this section, this Act commences at the commencing time.

(n) The Director of Public Prosecutions Act 1983 was amended by Schedule 5 only of the Jurisdiction of Courts Legislation Amendment Act 2000, subsection 2(1) of which provides as follows:

(1) Subject to this section, this Act commences on the day on which it receives the Royal Assent.

(o) Subsection 2(1) (item 2) of the Superannuation Legislation (Consequential Amendments and Transitional Provisions) Act 2011 provides as follows:

(1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms.

Commencement information
Column 1	Column 2	Column 3
Provision(s)	Commencement	Date/Details
2. Schedules 1 and 2	Immediately after the commencement of section 2 of the Governance of Australian Government Superannuation Schemes Act 2011.	1 July 2011

Table of Amendments

ad. = added or inserted am. = amended rep. = repealed rs. = repealed and substituted
Provision affected	How affected
S. 3 .....................................	am. No. 28, 1991; No. 196, 1992; No. 57, 2000; No. 58, 2011
S. 5 .....................................	am. No. 28, 1991
S. 6 .....................................	am. No. 165, 1984; No. 64, 1985; No. 88, 1986; Nos. 86 and 141, 1987; No. 5, 1988; No. 108, 1989; No. 182, 1994; No. 19, 1995; No. 43, 1996; No. 57, 2000; No. 42, 2002; No. 86, 2002; No. 106, 2009
S. 8 .....................................	am. No. 43, 1996
S. 9 .....................................	am. No. 165, 1984; No. 64, 1985; No. 88, 1986; Nos. 86 and 141, 1987; No. 5, 1988 (as am. by No. 120, 1988); No. 120, 1988; No. 108, 1989; No. 28, 1991; No. 164, 1992; No. 182, 1994; No. 19, 1995; No. 43, 1996; No. 57, 2000; No. 86, 2002
S. 10 ...................................	am. No. 43, 1996
S. 11 ...................................	am. No. 10, 1984; No. 7, 1999
S. 13 ...................................	am. No. 28, 1991; No. 9, 2000
S. 14 ...................................	am. No. 165, 1984; No. 43, 1996
S. 15 ...................................	am. No. 10, 1984; No. 164, 1992; No. 7, 1999; No. 62, 2004
S. 15A ................................	ad. No. 88, 1986
S. 16 ...................................	am. No. 43, 1996
S. 16A ................................	ad. No. 64, 1985
	am. No. 88, 1986; No. 182, 1994; No. 86, 2002; No. 24, 2012
Note to s. 16A(1B).............	ad. No. 24, 2012
Heading to s. 17................	rs. No. 57, 2000
S. 17....................................	am. No. 57, 2000
S. 18 ...................................	am. No. 43, 1996; No. 159, 2001
S. 18A ................................	ad. No. 28, 1991
	am. No. 159, 2001
S. 118B ..............................	ad. No. 28, 1991
S. 19 ...................................	am. No. 28, 1991; No. 43, 1996
S. 20 ...................................	am. No. 28, 1991
	rs. No. 122, 1991
	am. No. 146, 1999
Ss. 21, 22 ...........................	am. No. 28, 1991; No. 43, 1996
S. 23 ...................................	am. Nos. 28 and 122, 1991; No. 94, 1992; No. 43, 1996; No. 26, 2008; No. 58, 2011
Ss. 24, 25 ...........................	am. No. 28, 1991; No. 43, 1996
S. 26....................................	am. No. 28, 1991; No. 43, 1996; No. 46, 2011
Note to s. 26(1)..................	ad. No. 46, 2011
Note to s. 26(1A)................	ad. No. 46, 2011
S. 26A ................................	ad. No. 28, 1991
	am. No. 46, 2011
Note to s. 26A(1)................	ad. No. 46, 2011
S. 27 ...................................	am. No. 88, 1986; No. 28, 1991; No. 146, 1999
S. 28 ...................................	am. No. 166, 1985; No. 88, 1986
S. 31 ...................................	am. No. 108, 1989; No. 28, 1991; No. 164, 1992; No. 43, 1996; No. 146, 1999; Statutory Rules 1999 No. 301 (as am. by Statutory Rules 2000 No. 332); No. 3, 2011
Heading to s. 32................	am. No. 7, 1999
S. 32 ...................................	am. No. 10, 1984; No. 7, 1999; No. 62, 2004
S. 32A.................................	ad. No. 3, 2011
S. 33 ...................................	am. No. 43, 1996
S. 33A ................................	ad. No. 164, 1992
	am. No. 62, 2004

Table A

Application, saving and transitional provisions

Australian Federal Police Legislation Amendment Act 2000 (No. 9, 2000)

Schedule 3

20 Definition

In this Part:

commencing time means the time when this Part commences.

34 Warrants or writs etc. may continue to be executed

If, immediately before the commencing time, any warrant, writ, order, permission or other instrument (the authority) issued under a law of the Commonwealth, a State or a Territory could be executed by a person who was at that time a member, staff member or special member of the Australian Federal Police, the authority continues to be able to be executed at and after the commencing time by the person in his or her capacity as:

(a) the Commissioner of the Australian Federal Police; or

(b) a Deputy Commissioner of the Australian Federal Police; or

(d) a special member of the Australian Federal Police;

(all within the meaning of the Australian Federal Police Act 1979 as in force at and after the commencing time).

Note: A person who is a member or staff member of the Australian Federal Police immediately before the commencing time is taken to be engaged as an AFP employee. Similarly, a person who is a special member of the Australian Federal Police immediately before the commencing time is taken to be appointed as a special member. See item 2 of this Schedule.

35 Regulations dealing with matters of a transitional or saving nature

(1) The Governor-General may make regulations, not inconsistent with any other provision of this Schedule, prescribing matters of a transitional or saving nature in relation to the amendments made by Schedule 1 or 2.

(2) Regulations made under this item within one year after the commencement of this item may commence on a day earlier than the day on which they are made, but not earlier than the commencement of this item.

Jurisdiction of Courts Legislation Amendment Act 2000 (No. 57, 2000)

Schedule 5

7 Application of amendments

The amendments made by items 3, 5 and 6 apply in relation to prosecutions, and proceedings for summary conviction, whether instituted before, on or after the commencement of those items.

Abolition of Compulsory Age Retirement (Statutory Officeholders) Act 2001 (No. 159, 2001)

Schedule 1

97 Application of amendments

The amendments made by this Schedule do not apply to an appointment if the term of the appointment began before the commencement of this item.

Acts Interpretation Amendment Act 2011 (No. 46, 2011)

Schedule 3

10 Saving--appointments

The amendments made by Schedule 2 do not affect the validity of an appointment that was made under an Act before the commencement of this item and that was in force immediately before that commencement.

11 Transitional regulations

The Governor-General may make regulations prescribing matters of a transitional nature (including prescribing any saving or application provisions) relating to the amendments and repeals made by Schedules 1 and 2.

Crimes Legislation Amendment (Powers and Offences) Act 2012
(No. 24, 2012)

Schedule 6

11 Application--publication prohibitions relating to restraining and freezing orders

(1) The amendments of the Director of Public Prosecutions Act 1983 made by items 1, 2 and 3 of this Schedule, and the amendment of the Proceeds of Crime Act 2002 made by item 9 of this Schedule, apply in relation to an application made on or after the commencement of those items for a restraining order under the Proceeds of Crime Act 2002 (whether the conduct on the basis of which the restraining order is sought occurred before, on or after that commencement).

Note: For the commencement of items 1, 2, 3 and 9 of this Schedule, see section 2.

Commonwealth Consolidated Acts

DIRECTOR OF PUBLIC PROSECUTIONS ACT 1983 - NOTES