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This is a Bill, not an Act. For current law, see the Acts databases.


DIRECTOR OF PUBLIC PROSECUTIONS AMENDMENT BILL 2004

                     Western Australia


Director of Public Prosecutions Amendment
                  Bill 2004

                       CONTENTS

1.   Short title                          1
2.   The Act amended                      2
3.   Section 11 replaced                  2
4.   Section 12 repealed                  3
5.   Section 13 amended                   3
6.   Section 19 amended                   3
7.   Section 23 amended                   3




                           281--1         page i
                           Western Australia


                      LEGISLATIVE ASSEMBLY



     Director of Public Prosecutions Amendment
                       Bill 2004


                               A Bill for


An Act to amend the Director of Public Prosecutions Act 1991.



The Parliament of Western Australia enacts as follows:


1.      Short title
        This Act may be cited as the Director of Public Prosecutions
        Amendment Act 2004.




                                                                 page 1
     Director of Public Prosecutions Amendment Bill 2004



     s. 2




     2.           The Act amended
                  The amendments in this Act are to the Director of Public
                  Prosecutions Act 1991*.
                  [* Reprinted as at 1 June 2001.
5                    For subsequent amendments see Western Australian
                     Legislation Information Tables for 2003, Table 1, p. 104-5.]

     3.           Section 11 replaced
                  Section 11 is repealed and the following section is inserted
                  instead --
10   "
            11.         Prosecutions
                  (1)   It is a function of the Director --
                           (a) to commence and conduct the prosecution of
                                  any offence, whether indictable or not, and
15                                whether on indictment or not; and
                          (b) at any stage of the proceedings, to take over a
                                  prosecution commenced by another person of
                                  an offence, whether indictable or not, and
                                  whether on indictment or not.
20                (2)   The function under subsection (1) may be performed
                        despite any other written law that --
                          (a) requires the consent or approval of a person for
                                a prosecution to be commenced;
                          (b) prescribes who can commence a prosecution;
25                        (c) prescribes a manner in which a prosecution
                                may be commenced; or
                          (d) does more than one of those things.
                                                                                    ".




     page 2
                          Director of Public Prosecutions Amendment Bill 2004



                                                                            s. 4



     4.       Section 12 repealed
              Section 12 is repealed.

     5.       Section 13 amended
              Section 13 is amended as follows:
5               (a) in paragraph (a) by deleting "or 12";
               (b) in paragraph (b) by deleting "brought --" and
                     subparagraphs (i) and (ii) and inserting instead --
                     "
                           brought, to take over the appeal from that
10                         person whether as appellant or respondent.
                                                                              ".

     6.       Section 19 amended
              Section 19(1) is amended by deleting ", 12".

     7.       Section 23 amended
15            Section 23(2) is repealed and the following subsection is
              inserted instead --
          "
              (2)   A direction under subsection (1) may at any time be
                    amended or revoked by the Director.
20                                                                            ".




 


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