Commonwealth Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

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.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback