Commonwealth Numbered Regulations - Explanatory Statements

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DIRECTOR OF PUBLIC PROSECUTIONS REGULATIONS (AMENDMENT) 1996 NO. 287

Statutory Rules 1996 No. 287

Issued By the Authority of the Attorney-General and Minister for Justice

Director of Public Prosecutions Act 1983

Director of Public Prosecutions Regulations (Amendment)

Background

Section 6 of the DPP Act specifies the functions conferred on the Director of Public Prosecutions (DPP). Apart from the functions specified in ss 6(1), paragraph 6(2)(b) states that those functions are "such other functions as are prescribed". Regulation 3 of the Director of Public Prosecutions Regulations (the Regulations) prescribes those functions for the purposes of paragraph 6(2)(b).

The Amendments

Regulation 1 is a procedural clause providing for an amendment of the Regulations.

Regulation 2 inserts new paragraph 3(e) to the Regulations which prescribes an additional function of the DPP for the purposes of paragraph 6(2)(b) of the DPP Act The regulations provide for the Commonwealth DPP to institute or continue proceedings under the Confiscation of Proceeds of Crime Act 1989 (New South Wales).

From time to time, the Commonwealth DPP prosecutes offences against NSW criminal law. This occurs principally in the areas of corporate wrongdoing and drug offences, where the offences have been committed against both Commonwealth and State laws. The amendment enables the Commonwealth DPP to take action for the recovery of the proceeds of crime under Commonwealth and/or NSW proceeds of crime legislation as appropriate, in addition to prosecuting the predicate offences.

The NSW legislation has been amended to ensure the Commonwealth DPP is an authorised officer to institute action under it.

The regulations commenced on gazettal.