Director of Public Prosecutions Act 1991 02-b0-04 Xml

Western Australia

Director of Public Prosecutions Act 1991

An Act to provide for the appointment of an independent Director of Public Prosecutions with functions in respect of the bringing and conduct of proceedings for offences and related matters, and for connected and incidental purposes.

Part 1 — Preliminary

1.Short title

This Act may be cited as the Director of Public Prosecutions Act 1991 1.

2.Commencement

This Act shall come into operation on such day as is fixed by proclamation 1.

3.Interpretation

In this Act, unless the contrary intention appears —

“Deputy Director” means the holder of the office of Deputy Director of Public Prosecutions created by section 4 and, except in clauses 1(1), 2, 3 and 6 of Schedule 1, a person acting in that office under section 8;

“Director” means the holder of the office of Director of Public Prosecutions created by section 4 and, except in clauses 1(1), 2, 3 and 6 of Schedule 1, a person acting in that office under section 8;

“legal practitioner” means a legal practitioner as defined in the Legal Practice Act 2003;

“offence” means an offence —

(a)against a law of this State;

(b)against a law of the Commonwealth but limited to an offence to which particular proceedings relate where the Director is authorised to bring or conduct those proceedings; and

(c)against a law of the United Kingdom if the offence is triable in this State;

“public service” means the Public Service within the meaning of section 34 of the Public Sector Management Act 1994.

[Section 3 amended by No. 32 of 1994 s. 19; No. 65 of 2003 s. 31(2).]

Part 2 — Office of Director, and Deputy Director, of Public Prosecutions

4.Office of Director and Deputy Director

(1)There are hereby created an office of Director of Public Prosecutions and an office of Deputy Director of Public Prosecutions.

(2)The offices so created are not offices in the public service.

5.Appointments

(1)The Governor shall appoint a person to the office of Director and may appoint a person to the office of Deputy Director.

(2)A person so appointed must be a legal practitioner or a barrister or solicitor of the Supreme Court of another State or a Territory, and in the case of the Director must be a practitioner of not less than 8 years’ standing and practice.

[Section 5 amended by No. 42 of 1997 s. 8; No. 65 of 2003 s. 110(2).]

6.Deputy Director may perform Director’s functions

Subject to the direction and control of the Director, the Deputy Director may perform the functions of the Director under this Act.

7.Director’s tenure, salary, etc.

(1)Schedule 1 has effect with respect to the tenure, salary and conditions of service of the Director and the Deputy Director and the other matters provided for in that Schedule.

(2)References in Schedule 1 to the Director include references to the Deputy Director.

8.Acting appointments

(1)The Governor may appoint a legal practitioner who is eligible for appointment as Director to act in the office of Director —

(a)during a vacancy in that office; or

(b)during any period or during all periods when the person holding that office, or a person appointed under this subsection, is unable to perform the functions of that office or is absent from the State.

(2)If an occasion for an appointment under subsection (1) arises but no appointment is made, the Deputy Director (but not an acting Deputy Director) shall act in the office of Director.

(3)An appointment under this section —

(a)may be made at any time and may be terminated at any time by the Governor;

(b)may be expressed to have effect only in the circumstances specified in the instrument of appointment.

(4)The Governor may appoint a legal practitioner who is eligible for appointment as Deputy Director to act in the office of Deputy Director during any period or during all periods when the person holding that office, or a person appointed under this subsection, is unable to perform the functions of that office or is absent from the State.

(5)The Governor may, subject to this Act, determine the terms and conditions of appointment, including salary and other entitlements, of a person acting under this section.

(6)The validity of anything done by or in relation to a person purporting to act under this section shall not be called in question on the ground that —

(a)the occasion for an appointment under this section had not arisen;

(b)there is a defect or irregularity in the appointment;

(c)the appointment had ceased to have effect; or

(d)the occasion for the person to act had not arisen or had ceased.

9.Judicial notice of appointment and signature

All courts and persons acting judicially shall take judicial notice —

(a)of the fact that a person holds or held the office of Director or Deputy Director; and

(b)of the official signature of a person who holds or has held the office of Director or Deputy Director.

Part 3 — Functions of Director

10.General principles relating to functions

(1)The functions of the Director —

(a)are performed on behalf of the State but may be performed in the name of the office of the Director;

(b)do not affect any right that a person has to bring or conduct any proceedings, unless the Director takes over those proceedings under this Part.

(2)Where any aspect of the investigation and prosecution of an offence is the subject of a national cooperative scheme or of an inter‑government arrangement, the Director shall have regard to and seek to give effect to that scheme or arrangement, its objectives and the policies being pursued under it, in the performance of the functions of the Director.

[Section 10 amended by No. 65 of 2003 s. 124(2).]

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 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.

(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;

(c)prescribes a manner in which a prosecution may be commenced; or

(d)does more than one of those things.

[Section 11 inserted by No. 21 of 2004 s. 3.]

[12.Repealed by No. 21 of 2004 s. 4.]

13.Appeals

It is a function of the Director —

(a)to bring and conduct, or to conduct as respondent, any appeal or further appeal relating to a prosecution referred to in section 11(1), or to request and conduct a reference under section 47 of the Criminal Appeals Act 2004; and

(b)where a prosecution has been brought by another person and an appeal or further appeal relating to that prosecution has been brought, to take over the appeal from that person whether as appellant or respondent.

[Section 13 amended by No. 21 of 2004 s. 5; No. 84 of 2004 s. 31.]

14.Extradition

It is a function of the Director to take steps to secure the extradition to Western Australia of any person required to answer any charge of an offence or to serve a sentence imposed in Western Australia.

15.Inquests

It is a function of the Director —

(a)to participate in proceedings under the Coroners Act 1996; and

(b)with the concurrence of a coroner, to assist a coroner,

if the Director considers that in a particular case such participation or assistance is relevant to the performance of some other function of the Director and is justified by the circumstances of that case.

[Section 15 amended by No. 2 of 1996 s. 61.]

16.Recovery of penalty, proceedings related to Criminal Property Confiscation Act 2000, etc.

(1)Where the Director has conducted a prosecution or appeal and as a result of the proceedings a person becomes subject to a pecuniary penalty or forfeiture or other order, it is a function of the Director to take any further proceedings that may be required to recover the penalty or enforce the forfeiture or order.

(2)It is a function of the Director —

(a)to administer any scheme directed to the recovery or forfeiture of the proceeds of crime or of benefits arising from crime; and

(b)without limiting paragraph (a), to be the officer principally assisting the Minister to whom the administration of the Criminal Property Confiscation Act 2000 is committed in the administration of that Act.

(3)Without limiting subsection (1), except as otherwise explicitly provided in the Criminal Property Confiscation Act 2000 (in this subsection called “the Confiscation Act”), it is a function of the Director to take any proceedings —

(a)that arise under the Confiscation Act;

(b)that arise from proceedings under the Confiscation Act;

(c)that are required to give effect to a freezing notice under the Confiscation Act;

(d)that are required to give effect to an order of a court under the Confiscation Act or a declaration of a court under the Confiscation Act;

(e)that are required to locate or recover any property as defined in the Confiscation Act that is subject to a freezing notice under the Confiscation Act or a freezing order under the Confiscation Act, or that has been confiscated under the Confiscation Act;

(f)that are required to give effect to Part 10 of the Confiscation Act; or

(g)that for any other reason arise from the administration of the Confiscation Act or are required to give effect to the Confiscation Act.

[Section 16 amended by No. 69 of 2000 s. 12(1) and (2).]

16A.Prosecuting offences of other jurisdictions

(1)If the Director, with the consent of the Attorney General, holds an appointment to prosecute offences in the laws of another jurisdiction, it is a function of the Director to commence and conduct prosecutions for those offences in accordance with the terms of the appointment.

(2)If a member of the Director’s staff, with the consent of the Attorney General, holds an appointment to prosecute offences in the laws of another jurisdiction, the member may commence and conduct prosecutions for those offences in accordance with the terms of the appointment.

[Section 16A inserted by No. 84 of 2004 s. 30.]

17.Assistance to officers of other jurisdictions

(1)It is a function of the Director to provide assistance in this State in respect of a corresponding function of a corresponding public officer.

(2)In subsection (1) —

“corresponding function” means a function similar to any function of the Director; and

“corresponding public officer” means a public officer having corresponding functions in the jurisdiction of the Commonwealth, another State or a Territory or of another country.

18.Additional and related functions

(1)It is a function of the Director to do anything that is prescribed.

(2)It is a function of the Director —

(a)to bring, intervene in, and conduct any proceedings that are connected with or arise out of a function of the Director; or

(b)otherwise to do anything that is incidental or conducive to the performance of a function of the Director.

(3)In subsection (1) “prescribed” means prescribed by regulations.

19.Further provisions as to taking over of matters

(1)For the purposes of sections 11(1)(b) and 13(b) the Director takes over a prosecution or appeal by giving notice in writing that the Director has taken over the matter —

(a)to the person who would otherwise be responsible for the matter as prosecutor, informant, appellant or respondent, as the case may be; and

(b)if the prosecution or appeal has been initiated in a court, to the clerk or registrar of that court,

and on compliance with this subsection, the Director becomes the prosecutor, appellant or respondent, as the case may be.

(2)An irregularity or defect in a notice under subsection (1) does not affect its validity.

(3)Nothing in this Part shall be read as preventing the exercise by the Director of any power or discretion to discontinue or terminate a prosecution or appeal that has been taken over under this Part.

[Section 19 amended by No. 21 of 2004 s. 6; No. 84 of 2004 s. 80.]

20.Powers of Director

(1)The Director has power to do all things that are necessary or convenient to be done for the purpose of performing the functions of the Director.

(2)Without limiting subsection (1), the Director may for the purpose referred to in that subsection —

(a)exercise any power, authority or discretion relating to the investigation and prosecution of offences that is vested in the Attorney General, whether by a written law or otherwise;

(b)where under a written law the consent of the Attorney General is required to a prosecution for an offence, give that consent;

(c)grant an indemnity from prosecution, whether on indictment or otherwise;

(d)give an undertaking to a person that an answer given or a statement or disclosure made by that person will not be used in evidence against that person.

(3)The provisions of this Act do not derogate from any function of the Attorney General.

21.Appearance by Director

In any proceedings to which he is a party or in respect of which he otherwise has a function under this Part, the Director may appear in person or be represented —

(a)by a legal practitioner; or

(b)where the proceedings are in the Magistrates Court or the Children’s Court, by a legal practitioner or a police officer.

[Section 21 amended by No. 59 of 2004 s. 141.]

22.Director may request information

(1)The Director may in accordance with subsection (2) make a request in writing to an official, including the Commissioner of Police and a member of the police force, whose functions include prosecuting for or investigating offences.

(2)Where the Director has brought or taken over, or is considering whether to bring or take over, a prosecution or appeal in relation to an offence or suspected offence a request may be made —

(a)for any specified information, document or material or any specified kind of information, document or material or for all relevant information, documents and material to be furnished to the Director; or

(b)for the provision of assistance including the carrying out of an investigation or further investigation of any matter,

in relation to that offence or suspected offence.

(3)An official to whom a request is made under this section shall comply with it so far as it is practicable to do so, and notwithstanding any other written law.

(4)In subsection (2) “document” includes any data that is recorded or stored mechanically, photographically, or electronically and any tape, disc or other device or medium on which it is recorded or stored.

23.Director may limit powers of other officials

(1)The Director may give directions in writing to an official referred to in section 22(1) directing —

(a)that a prosecution for a specified offence or class of offences shall not be brought by that official; and

(b)that all matters relating to any such offence shall be referred to the Director,

and an official to whom a direction is so given shall comply with the direction.

(2)A direction under subsection (1) may at any time be amended or revoked by the Director.

(3)The Director may recommend to an official referred to in section 22(1) that proceedings be instituted in respect of an offence.

[Section 23 amended by No. 21 of 2004 s. 7.]

24.Director may issue guidelines

(1)The Director may —

(a)issue a statement of guidelines intended to be followed in the performance of the Director’s functions;

(b)at any time issue a further statement amending, replacing, or revoking a statement under paragraph (a).

(2)A statement issued under subsection (1) shall be published in the Gazette.

(3)An act or omission of the Director or a person acting on the Director’s behalf shall not be called in question or held to be invalid on the grounds of a failure to comply with any statement issued under this section.

Part 4 — Relationship with Attorney General

25.General freedom from direction

Except as provided in this Part, the Director is not subject to direction by the Attorney General or any other person in the performance of the Director’s functions.

26.Consultation

(1)The Director shall, if requested to do so by the Attorney General, consult with the Attorney General with respect to matters concerning the performance of the Director’s functions.

(2)The Attorney General shall, if requested to do so by the Director, consult with the Director with respect to matters concerning the performance of the Director’s functions.

27.Directions by Attorney General

(1)The Attorney General may, after consultation with the Director, issue to the Director directions as to the general policy to be followed in the performance of any function of the Director.

(2)A direction may not be issued under subsection (1) in respect of a particular case.

(3)The Director may —

(a)in respect of any function, request the Attorney General to issue directions under subsection (1) concerning that function;

(b)in respect of a particular case, request the Attorney General to issue directions to the Director as to the performance of the Director’s functions in that case;

(c)if the Director considers that the interests of justice require that the Director should not perform a function in a particular case, request the Attorney General to perform the corresponding function of the Attorney General in that case,

and the Attorney General may comply with a request under this subsection.

(4)The Director shall comply with any direction of the Attorney General under this section.

(5)The Attorney General may amend, replace or revoke any direction given under this section.

(6)Every direction under this section shall be in writing and the text of the direction shall be included in the annual report of the Director under section 32.

28.Consistency between Attorney General and Director

(1)Where in a particular case the Attorney General has performed a function that is vested in both the Attorney General and the Director, the Director shall not, without the consent of the Attorney General, perform that function inconsistently with the action of the Attorney General.

(2)If in any case the operation of subsection (1) precludes the Director from taking any action he would otherwise have taken, the Director shall refer to that occurrence in the annual report of the Director under section 32.

29.Information to be furnished to Attorney General

The Director shall so far as the interests of justice allow furnish the Attorney General with such information relating to the functions of the Director as the Attorney General requires —

(a)for the proper conduct of the Attorney General’s public business;

(b)to enable Parliament to be informed and questions asked in Parliament to be answered concerning the functions of the Director or the operation of this Act.

Part 5 — Miscellaneous

30.Staff

The staff necessary for the performance of the functions of the Director shall be appointed or made available under Part 3 of the Public Sector Management Act 1994.

[Section 30 amended by No. 32 of 1994 s. 19.]

31.Delegation

The Director may by instrument in writing, either generally or as otherwise provided by the instrument, delegate to an officer referred to in section 30 the performance, on behalf of and subject to the direction and control of the Director, of any of the functions of the Director under this Act, but not including the power to delegate under this section.

32.Annual report of Director

(1)The Director shall, as soon as is practicable in each year but not later than 30 September, prepare and deliver to the Attorney General a report on the performance of the Director’s functions during the year that ended on the preceding 30 June.

(2)The Attorney General shall cause the report received under subsection (1) to be laid before each House of Parliament within 14 sitting days of that House after such receipt.

(3)The Director may at any time report to the Attorney General on any matter relating to the operation of this Act.

33.Protection from liability

The Director, the Deputy Director or any other person acting under this Act —

(a)is not liable for anything that in good faith he or she does or refrains from doing for the purpose of carrying out this Act; and

(b)without limiting paragraph (a), is entitled to be indemnified by the State for any liability incurred in any proceedings related to the carrying out of this Act.

34.Regulations

The Governor may make regulations, not inconsistent with this Act, prescribing all matters that are necessary or convenient to be prescribed for giving effect to this Act.

35.Savings and transitional

(1)The application of this Act to offences, prosecutions, appeals, references and proceedings extends to offences committed and prosecutions, appeals, references and proceedings brought or commenced before the commencement of this Act.

(2)On the commencement of this Act where the Attorney General is performing a function of a kind that is vested in the Director by Part 3, the Director may continue the performance of that function in place of the Attorney General and if in any case the Director does so —

(a)all acts, matters and things made or done by or on behalf of or in the name of the Attorney General in relation to any such function in that case shall be taken to have been made or done also by or on behalf of or in the name of the Director;

(b)a reference to the Attorney General or to a person acting on his behalf in any order or document arising from or relating to any such function is, unless inconsistent with the context or subject‑matter, deemed to include a reference to the Director; and

(c)all documents served on or by or on behalf of or in the name of the Attorney General in connection with any such function shall be taken to have been served also on or by or on behalf of or in the name of the Director.

(3)A reference in a written law to the Crown Prosecutor is, unless inconsistent with the context or subject‑matter, deemed to be a reference to the Director and the Deputy Director.

[36.Omitted under the Reprints Act 1984 s. 7(4)(e).]

Schedule 1

[section 7]

Tenure, salary, conditions of service, etc., of Director

1.Tenure of office

(1)Subject to this Act, the Director holds office for a term of 5 years and is eligible for reappointment for one or more terms each of 5 years.

[(2)repealed]

(3)The Director may resign his or her office by writing signed and delivered to the Governor.

[Clause 1 amended by No. 42 of 1997 s. 8.]

2.Salary and entitlements

The Director —

(a)shall be paid salary and allowances at such rates per annum as are determined by the Salaries and Allowances Tribunal established by the Salaries and Allowances Act 1975; and

(b)has the same annual leave, sick leave and long service leave entitlements as an officer of the public service.

3.Superannuation

(1)Where a person immediately before being appointed as Director was a contributor within the meaning of the Superannuation and Family Benefits Act 1938 2, the person may continue to be a contributor under that Act, notwithstanding his appointment.

(2)The Treasurer may, by instrument in writing, determine the particular person or department that is to be treated as the employer of the Director for the purposes of subclause (4).

[(3)repealed]

(4)Contributions that would otherwise be payable by the Director under an enactment referred to in subclause (1) shall be paid by the employer determined under subclause (2) at the maximum rate at which the Director would be entitled to contribute and amounts so paid shall be treated as if they had been contributions made by the Director.

(5)If the Director is not a contributor within the meaning of the Superannuation and Family Benefits Act 1938 2 or a member under the State Superannuation Act 2000, it shall be a term of the Director’s appointment that on the termination of the appointment, other than under clause 6, the Director will be entitled, if he is not reappointed, to a lump sum calculated as specified in the instrument of appointment.

(6)If on termination of the Director’s appointment the Director is appointed to a pensionable office within the meaning in section 2(4) of the Judges’ Salaries and Pensions Act 1950, service as Director shall be regarded, subject to subclause (7), as a period of pensionable service for the purposes of that Act.

(7)Subclause (6) does not apply unless the Director has elected to surrender and forgo all entitlements relating to the period of service as Director, whether actual, contingent or expected, that have accrued or may accrue to the Director or any other person under the Superannuation and Family Benefits Act 1938 2 or the State Superannuation Act 2000 or under the term of his appointment referred to in subclause (5).

(8)An election referred to in subclause (7) shall be in such form as the Minister may determine, shall be made in writing within one month after the termination of appointment, shall be irrevocable and shall have effect notwithstanding anything in this clause or in the Superannuation and Family Benefits Act 1938 2 or the State Superannuation Act 2000.

[Clause 3 amended by No. 60 of 1995 s. 54; No. 43 of 2000 s. 39(1).]

4.Appointment of public service officer

(1)Where a person, immediately before being appointed to the office of Director occupied an office in the public service, the person —

(a)retains existing and accruing entitlements in respect of annual leave, sick leave and long service leave as if service as Director were a continuation of service in that office in the public service;

(b)is entitled, if he or she resigns from the office of Director, to be appointed to an office in the public service not lower in classification and salary than the office which the person occupied before being appointed as Director.

(2)A person appointed to an office as mentioned in subclause (1)(b) retains existing and accruing entitlements in respect of annual leave, sick leave and long service leave as if service in that office were a continuation of service as Director.

[Clause 4 amended by No. 42 of 1997 s. 8.]

5.Certain requirements to be observed

The Director —

(a)shall not practise as a legal practitioner or engage in any other paid employment except —

(i)in accordance with this Act; or

(ii)with the prior approval of the Governor;

and

(b)shall give written notice to the Attorney General of all direct or indirect pecuniary interests that he or she has or acquires in any business whether in Australia or elsewhere or in any body corporate carrying on any such business.

6.Removal from office

(1)The Governor may remove the Director from office —

(a)for —

(i)misbehaviour or incompetence; or

(ii)physical or mental incapacity, other than temporary illness, impairing the performance of the Director’s functions;

(b)if the Director becomes a bankrupt or applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of salary for their benefit.

(2)In subclause (1)(a)(i) “misbehaviour” includes —

(a)conduct that renders the Director unfit to hold office as Director notwithstanding that the conduct does not relate to any function of the office; or

(b)a failure to comply with clause 5.

7.Other conditions of service

Subject to this Schedule, the Governor may determine other terms and conditions of service (if any) that apply to the Director.

Notes

1This is a compilation of the Director of Public Prosecutions Act 1991 and includes the amendments made by the other written laws referred to in the following table 1a. The table also contains information about any reprint.

Compilation table

Short title	Number and year	Assent	Commencement
Director of Public Prosecutions Act 1991	12 of 1991	21 Jun 1991	3 Feb 1992 (see s. 2 and Gazette 3 Feb 1992 p. 531)
Acts Amendment (Public Sector Management) Act 1994 s. 19	32 of 1994	29 Jun 1994	1 Oct 1994 (see s. 2 and Gazette 30 Sep 1994 p. 4948)
Government Employees Superannuation Amendment Act (No. 2) 1995 s. 54	60 of 1995	21 Dec 1995	30 Dec 1995 (see s. 2 and Gazette 29 Dec 1995 p. 6287)
Coroners Act 1996 s. 61	2 of 1996	24 May 1996	7 Apr 1997 (see s. 2 and Gazette 18 Mar 1997 p. 1529)
Equal Opportunity Amendment Act (No. 3) 1997 s. 8	42 of 1997	9 Dec 1997	6 Jan 1998 (see s. 2(1))
State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 39(1)	43 of 2000	2 Nov 2000	17 Feb 2001 (see s. 2(2) and Gazette 16 Feb 2001 p. 903)
Criminal Property Confiscation (Consequential Provisions) Act 2000 s. 12 3	69 of 2000	6 Dec 2000	1 Jan 2001 (see s. 2 and Gazette 29 Dec 2000 p. 7903)
Reprint of the Director of Public Prosecutions Act 1991 as at 1 Jun 2001 (includes amendments listed above)
Criminal Law (Procedure) Amendment Act 2002 Pt. 4 Div. 4	27 of 2002	25 Sep 2002	27 Sep 2002 (see s. 2 and Gazette 27 Sep 2002 p. 4875)
Acts Amendment and Repeal (Courts and Legal Practice) Act 2003 s. 31, 110 and 124	65 of 2003	4 Dec 2003	1 Jan 2004 (see s. 2 and Gazette 30 Dec 2003 p. 5722)
Director of Public Prosecutions Amendment Act 2004	21 of 2004	8 Sep 2004	6 Oct 2004
Courts Legislation Amendment and Repeal Act 2004 s. 141 4	59 of 2004	23 Nov 2004	1 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7128)
Criminal Procedure and Appeals (Consequential and Other Provisions) Act 2004 Pt. 6 and s. 80	84 of 2004	16 Dec 2004	2 May 2005 (see s. 2 and Gazette 31 Dec 2004 p. 7129 (correction in Gazette 7 Jan 2005 p. 53))
Reprint 2: The Director of Public Prosecutions Act 1991 as at 25 Nov 2005 (includes amendments listed above)

1aOn the date as at which this compilation was prepared, provisions referred to in the following table had not come into operation and were therefore not included in this compilation. For the text of the provisions see the endnotes referred to in the table.

Provisions that have not come into operation

Short title	Number and year	Assent	Commencement
State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 39(2) 5	43 of 2000	2 Nov 2000	To be proclaimed (see s. 2(2))
State Superannuation Amendment Act 2007 s. 80 6	25 of 2007	16 Oct 2007	Operative on publication of an order under the State Superannuation Act 2000 s. 56 (“transfer time”) (see s. 2(1)(c))

2The Superannuation and Family Benefits Act 1938 was repealed by the State Superannuation Act 2000 s. 39, but its provisions continue to apply to and in relation to certain schemes because of the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 26.

3The Criminal Property Confiscation (Consequential Provisions) Act 2000 s. 12(3) reads as follows:

“

(3)Despite the amendment effected by subsection (1), the Director of Public Prosecutions Act 1991 as in force before the commencement of this Act continues to apply in relation to the administration of the Crimes (Confiscation of Profits) Act 1988 to the extent that the operation of the latter Act is continued by this Act.

”.

4The amendment to s. 11(2) in the Courts Legislation Amendment and Repeal Act 2004 s. 141, which gives effect to Sch. 1 cl. 46, is not included because it would conflict with amendments in the Director of Public Prosecutions Amendment Act 2004 s. 3.

5On the date at which this compilation was prepared, the State Superannuation (Transitional and Consequential Provisions) Act 2000 s. 39(2) had not come into operation. It reads as follows:

“

(2)Clause 3 of Schedule 1 to the Director of Public Prosecutions Act 1991 is amended as follows:

(a)subclauses (1), (2) and (4) are deleted;

(b)in subclause (5) by deleting “a contributor within the meaning of the Superannuation and Family Benefits Act 1938 or”;

(c)in subclause (7) by deleting “Superannuation and Family Benefits Act 1938 or the”;

(d)in subclause (8) by deleting “the Superannuation and Family Benefits Act 1938 or”.

”.

6On the date as at which this compilation was prepared, the State Superannuation Amendment Act 2007 s. 80 had not come into operation. It reads as follows:

“

80.Director of Public Prosecutions Act 1991 amended

(1)The amendments in this section are to the Director of Public Prosecutions Act 1991.

(2)Schedule 1 clause 3(5) to (8) are repealed.

(3)After Schedule 1 clause 3 the following clause is inserted —

“

3A.Superannuation if subsequently appointed as judge

(1)A person who was the Director and is, on termination of his or her appointment as Director, appointed to a pensionable office as defined in the Judges’ Salaries and Pensions Act 1950 section 2(4) may elect for subsection (2) to apply to the person.

(2)If this subsection applies to a person, for the purposes of the Judges’ Salaries and Pensions Act 1950 the person’s service as Director is to be taken to be service in a pensionable office.

(3)If a person who makes an election under subsection (1) was, while Director, a contributor to, or a member of, a superannuation scheme continued by the State Superannuation Act 2000 section 29(1)(b) or (c), the person’s entitlements to benefits under that scheme in respect of the period of his or her service as Director cease when the person makes that election.

(4)If a person who makes an election under subsection (1) is not a person to whom subsection (3) applies, any pension that becomes payable to or in respect of the person under the Judges’ Salaries and Pensions Act 1950 is to be reduced by an amount determined by the Minister, on the advice of an actuary, to be actuarially equivalent to the value of the employer sponsored component of any benefit accrued in a superannuation fund in respect of the period of his or her service as Director.

(5)An election under subsection (1) is to be made in writing to the Minister within 30 days after ceasing to be Director and is irrevocable.

(6)This section has effect despite anything in the Superannuation and Family Benefits Act 1938, State Superannuation Act 2000 or the Judges’ Salaries and Pensions Act 1950.

”.