Commonwealth Consolidated Acts

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DIRECTOR OF PUBLIC PROSECUTIONS ACT 1983 - SECT 3

Interpretation

  (1)   In this Act, unless the contrary intention appears:

"appeal" includes:

  (a)   a proceeding of the same nature as an appeal; and

  (b)   a review or rehearing, or a proceeding of the same nature as a review or rehearing.

"appoint" includes re - appoint.

"Associate Director" means the Associate Director of Public Prosecutions.

"authority of the Commonwealth" means:

  (a)   an authority, institution or other body (other than a society, association or incorporated company) established for a public purpose by or under a law of the Commonwealth;

  (b)   a society, association or incorporated company in which the Commonwealth, or an authority, institution or other body of the kind referred to in paragraph   ( a), has a controlling interest; or

  (c)   a person who holds:

  (i)   an office or position established by or under a law of the Commonwealth;

  (ii)   an appointment made under a law of the Commonwealth; or

  (iii)   an appointment made, otherwise than under a law of the Commonwealth, by the Governor - General, by a Minister, or by any other person on behalf of the Executive Government of the Commonwealth or the Administration of a Territory.

"CSC" (short for Commonwealth Superannuation Corporation) has the same meaning as in the Governance of Australian Government Superannuation Schemes Act 2011 .

"Director" means the Director of Public Prosecutions.

"law of the Commonwealth" includes a law of a Territory, but does not include:

  (aa)   the Australian Capital Territory (Self - Government) Act 1988 ;

  (a)   the Northern Territory (Self - Government) Act 1978 ;

  (c)   a law made under, or continued in force by, an Act referred to in paragraph   ( aa) or (a) .

"legal practitioner" means a person:

  (a)   whose name is on the roll of barristers and solicitors of the High Court kept in pursuance of rules in force under the Judiciary Act 1903 ; or

  (b)   whose name is on the roll of barristers, of solicitors, of barristers and solicitors or of legal practitioners of the Supreme Court of a State or Territory.

"Office" means the Office of the Director of Public Prosecutions established by subsection   5(1).

"Special Prosecutor" means a person holding office as, or acting as, a Special Prosecutor under the Special Prosecutors Act 1982 .

"State" includes the Australian Capital Territory and the Northern Territory .

"Territory" does not include the Australian Capital Territory or the Northern Territory .

  (2)   A reference in this Act to an appointment to prosecute offences against the laws of a State includes a reference to a commission or authority to prosecute such offences.

  (3)   A provision of this Act that confers on the Director a function or power in relation to a prosecution or proceeding (including a proceeding for the taking of a civil remedy) instituted by another person applies in relation to such a prosecution or proceeding whether instituted before or after the commencement of this Act.

  (4)   A reference in this Act to a member of the staff of the Office is a reference to:

  (a)   the Associate Director; or

  (aa)   a member of the staff mentioned in subsection   27(1); or

  (ab)   a person employed under subsection   27(3); or

  (b)   a person engaged under subsection   28(1); or

  (c)   a person referred to in section   29 whose services are made available to the Director.


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