Australian Capital Territory Current Acts

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DIRECTOR OF PUBLIC PROSECUTIONS ACT 1990 - SECT 16A

Commonwealth prosecutions by director and staff of office

    (1)     This section applies to the director, or a member of the staff of the office who is a legal practitioner, if the director or member is authorised to prosecute offences against Commonwealth laws under—

        (a)     a Commonwealth law; or

        (b)     an instrument issued by or on behalf of the Commonwealth under an agreement between the Territory and the Commonwealth; or

        (c)     an agreement with the Commonwealth director.

    (2)     The director or member may institute or conduct prosecutions against Commonwealth laws in accordance with the Commonwealth law, instrument or agreement.

    (3)     Without limiting subsection (2), the director or member may do any of the following in relation to offences against Commonwealth laws:

        (a)     make applications for orders to review under the Magistrates Court Act 1930

, section 219C, and conduct such proceedings;

        (b)     cause prosecutions and other proceedings to be brought to an end;

        (c)     institute or respond to appeals (including appeals against sentence);

        (d)     conduct appeals (including appeals against sentence) as appellant or respondent, whether instituted or responded to by the director or member or not.

    (4)     In this section:

"prosecution" includes a proceeding for the commitment of a person for trial for an indictable offence.



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