Commonwealth Numbered Regulations - Explanatory Statements

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DIRECTOR OF PUBLIC PROSECUTIONS REGULATIONS (AMENDMENT) 1992 NO. 371

STATUTORY RULES 1992 No. 371

Issued by the authority of the Attorney-General

Director of Public Prosecutions Act 1983

Director of Public Prosecutions Regulations (Amendment)

Section 34 of the Director of Public Prosecutions Act 1983 (the Act) provides that the Governor-General may make regulations for the purposes of the Act.

The purpose of the Director of Public Prosecutions Regulations (Amendment) is to prescribe additional functions of the Director of Public Prosecutions and to prescribe three State crime bodies for the purpose of the Director's power to grant indemnities with regard to evidence in certain proceedings.

Paragraph 6(2)(b) of the Act provides that the Director of Public Prosecutions (the Director) may perform, in addition to the functions provided in subsection 6(1) of the Act, other functions as prescribed. The additional functions are prescribed in regulation 3 of the Director of Public Prosecutions Regulations (the principal regulations).

Regulation 2 of the amending regulations amends regulation 3 of the principal regulations to enable the Director to perform two additional functions. The first is to carry on committal proceedings or summary proceedings in respect of offences against the laws of the States instituted by a person who performs services for the National Crime Authority under an arrangement under subsection 58(1) of the National Crime Authority Act 1284. It will, in particular, enable the Director to carry on such proceedings where they are instituted by State police officers who are performing services for the National Crime Authority. The second additional function in regulation 2 is to carry on committal proceedings or summary proceedings in respect of offences against the laws of the States where such proceedings are instituted by the Australian Securities Commission in its corporate name.

Regulation 3 of the amending regulations inserts a new regulation 5 which prescribes three State crime bodies for the purposes of paragraph 9(6C)(c) of the Act. This paragraph of the Act defines "State and Territory proceedings" in subsection 9(6B) to include proceedings in a State or Territory before a prescribed authority or a prescribed body established under a law of that State or Territory. Subsection 9(6B) of the Act provides for the Director to give indemnities in respect of oral or documentary evidence in these State or Territory proceedings. The three bodies prescribed are the New South Wales Crime Commission, the Independent Commission Against Corruption (New South Wales) and the Criminal Justice Commission (Queensland).

The regulations will commence on gazettal.