Victorian Current Acts

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

PUBLIC PROSECUTIONS ACT 1994 - NOTES

Version No. 048

No. 43 of 1994
Version incorporating amendments as at
26 October 2021

ÍÍÍÍÍÍÍÍÍÍÍÍÍÍÍ


Version No. 048

Public Prosecutions Act 1994

No. 43 of 1994
Version incorporating amendments as at
26 October 2021

Endnotes

    1     General information

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 21 April 1994

Legislative Council: 25 May 1994

The long title for the Bill for this Act was "A Bill to provide for the appointment of a Director of Public Prosecutions, a Chief Crown Prosecutor, Crown Prosecutors and a Solicitor for Public Prosecutions, to require that certain decisions be made by the Director of Public Prosecutions only after obtaining the advice of a Committee, to make fresh provision with respect to the manner of dealing with certain contempts of court, to establish an Office of Public Prosecutions and a Committee for Public Prosecutions, to repeal the Director of Public Prosecutions Act 1982, to amend the Constitution Act 1975, the County Court Act 1958 and the Crimes (Criminal Trials) Act 1993 and make consequential amendments to certain other Acts and for other purposes.".

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 21 April 1994

Legislative Council: 25 May 1994

Absolute majorities:

Legislative Assembly: 24 May 1994

Legislative Council: 27 May 1994

The Public Prosecutions Act 1994 was assented to on 7 June 1994 and came into operation as follows:

Part 1 (sections 13) on 7 June 1994: section 2(1); rest of Act on 1 July 1994: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Public Prosecutions Act 1994 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Constitution (Court of Appeal) Act 1994, No. 109/1994

Assent Date:

20.12.94

Commencement Date:

Pt 1 (ss 1, 2) on 20.12.94: s. 2(1); rest of Act on 7.6.95: Special Gazette (No. 41) 23.5.95 p. 1

Current State:

All of Act in operation

Public Prosecutions (Amendment) Act 1995, No. 36/1995

Assent Date:

6.6.95

Commencement Date:

6.6.95

Current State:

All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:

6.11.96

Commencement Date:

S. 453(Sch. 1 items 69.1–69.6) on 1.1.97: s. 2(3)

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Law and Justice Legislation Amendment Act 1997, No. 44/1997

Assent Date:

11.6.97

Commencement Date:

S. 32 on 11.6.97: s. 2(1)

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Public Prosecutions (Amendment) Act 1998, No. 2/1998

Assent Date:

31.3.98

Commencement Date:

31.3.98

Current State:

All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:

26.5.98

Commencement Date:

S. 7(Sch. 1) on 1.7.98: s. 2(2)

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Public Prosecutions (Amendment) Act 1999, No. 62/1999

Assent Date:

21.12.99

Commencement Date:

22.12.99: s. 2

Current State:

All of Act in operation

Judicial and Other Pensions Legislation (Amendment) Act 2001, No. 19/2001

Assent Date:

29.5.01

Commencement Date:

Ss 17, 18 on 30.5.01: s. 2(1)

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Public Prosecutions (Amendment) Act 2004, No. 4/2004

Assent Date:

27.4.04

Commencement Date:

28.4.04: s. 2

Current State:

All of Act in operation

Public Administration Act 2004, No. 108/2004

Assent Date:

21.12.04

Commencement Date:

S. 117(1)(Sch. 3 item 167) on 5.4.05: Government Gazette 31.3.05 p. 602

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:

24.5.05

Commencement Date:

S. 18(Sch. 1 item 90) on 12.12.05: Government Gazette 1.12.05 p. 2781

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Courts Legislation (Jurisdiction) Act 2006, No. 50/2006

Assent Date:

15.8.06

Commencement Date:

Ss 36, 37 on 16.8.06: s. 2(1)

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Public Prosecutions Amendment Act 2007, No. 6/2007

Assent Date:

20.3.07

Commencement Date:

21.3.07: s. 2

Current State:

All of Act in operation

Constitution Amendment (Judicial Pensions) Act 2008, No. 23/2008

Assent Date:

3.6.08

Commencement Date:

S. 21 on 4.6.08: s. 2(1)

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Coroners Act 2008, No. 77/2008

Assent Date:

11.12.08

Commencement Date:

S. 129(Sch. 2 item 22) on 1.11.09: s. 2

Current State:

The information relates only to the provision/s amending the Public Prosecutions Act 1994

Salaries Legislation Amendment (Salary Sacrifice) Act 2008, No. 83/2008

Assent Date:

11.12.08

Commencement Date:

Ss 2023 on 11.12.08: s. 2(1)

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Relationships Amendment (Caring Relationships) Act 2009, No. 4/2009

Assent Date:

10.2.09

Commencement Date:

S. 37(Sch. 1 item 21) on 1.12.09: s. 2(2)

Current State:

The information relates only to the provision/s amending the Public Prosecutions Act 1994

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:

24.11.09

Commencement Date:

Ss 88–96 on 1.1.10: Government Gazette 10.12.09 p. 3215

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Criminal Procedure Amendment (Double Jeopardy and Other Matters) Act 2011, No. 81/2011

Assent Date:

21.12.11

Commencement Date:

S. 20 on 18.3.12: Special Gazette (No. 66) 6.3.12 p. 1

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Public Prosecutions Amendment Act 2012, No. 3/2012

Assent Date:

14.2.12

Commencement Date:

Ss 4–25 on 6.3.12: Special Gazette (No. 54) 28.2.12 p. 1

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Statute Law Revision Act 2013, No. 70/2013

Assent Date:

19.11.13

Commencement Date:

S. 3(Sch. 1 item 43) on 1.12.13: s. 2(1)

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Justice Legislation Amendment (Miscellaneous) Act 2013, No. 77/2013

Assent Date:

17.12.13

Commencement Date:

Ss 1823 on 18.12.13: s. 2(1)

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:

25.3.14

Commencement Date:

S. 160(Sch. 2 item 82) on 1.7.15: Special Gazette (No. 151) 16.6.15. p. 1

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:

3.6.14

Commencement Date:

S. 10(Sch. item 137) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Serious Sex Offenders (Detention and Supervision) Amendment (Governance) Act 2017, No. 57/2017

Assent Date:

8.11.17

Commencement Date:

S. 51 on 27.2.18: Special Gazette (No. 49) 13.2.18 p. 1

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Serious Offenders Act 2018, No. 27/2018

Assent Date:

26.6.18

Commencement Date:

S. 363 on 3.9.18: Special Gazette (No. 356) 31.7.18 p. 1

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

Victorian Civil and Administrative Tribunal and Other Acts Amendment (Federal Jurisdiction and Other Matters) Act 2021, No. 31/2021

Assent Date:

10.8.21

Commencement Date:

S. 24 on 11.8.21: s. 2(1); ss 2123 on 26.10.21: Special Gazette (No. 596) 26.10.21 p. 1

Current State:

This information relates only to the provision/s amending the Public Prosecutions Act 1994

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

    3     Amendments Not in Operation

This version does not contain amendments that are not yet in operation.

    4     Explanatory details

No entries at date of publication.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback