Commonwealth Numbered Acts

Director of Public Prosecutions Act 1983 No. 113 of 1983 - SECT 6

6. (1) The functions of the Director are-

   (a)  to institute prosecutions on indictment for indictable offences
        against the laws of the Commonwealth;

   (b)  to carry on prosecutions of the kind referred to in paragraph (a) (not
        being prosecutions instituted by the Attorney-General or a Special
        Prosecutor), whether or not instituted by the Director;

   (c)  to institute proceedings for the commitment of persons for trial in
        respect of indictable offences against the laws of the Commonwealth;

   (d)  to institute proceedings for the summary conviction of persons in
        respect of offences against the laws of the Commonwealth;

   (e)  to carry on proceedings of a kind referred to in paragraph (c) or (d)
        (whether or not instituted by the Director);

   (f)  to assist a coroner in inquests and inquiries conducted under the laws
        of the Commonwealth;

   (g)  in respect of matters in relation to which an instrument under
        sub-section (3) is in force-

        (i)    to institute proceedings;

        (ii)   to carry on proceedings (whether or not instituted by the
               Director); or

        (iii)  to co-ordinate or supervise the institution or carrying on of
               proceedings,

for the recovery of pecuniary penalties under the laws of the Commonwealth;

   (h)  in respect of matters connected with, or arising out of, prosecutions
        instituted or carried on by the Director, being matters in relation to
        which an instrument under sub-section (3) is in force-

        (i)    to take civil remedies on behalf of and in the name of the
               Commonwealth and authorities of the Commonwealth; or

        (ii)   to co-ordinate or supervise the taking of civil remedies by or
               on behalf of the Commonwealth and authorities of the
               Commonwealth;

   (j)  to consent to prosecutions for offences against the laws of the
        Commonwealth, being offences of a kind in relation to which an
        instrument under sub-section (4) is in force;

   (k)  to appear in proceedings under the Extradition (Commonwealth
        Countries) Act 1966 or the Extradition (Foreign States) Act 1966;

   (m)  where the Director, with the consent of the Attorney-General, holds an
        appointment to prosecute offences against the laws of a State-to
        institute and carry on, in accordance with the terms of the
        appointment, prosecutions for such offences; and

   (n)  to do anything incidental or conducive to the performance of any of
        the functions referred to in paragraphs (a) to (m) and in sub-section
        (2).

(2) In addition to his functions under sub-section (1), the functions of the
Director include-

   (a)  functions that are conferred on the Director by or under any other
        law of the Commonwealth; and

   (b)  such other functions as are prescribed.

(3) The Attorney-General may, by instrument in writing published in the
Gazette, specify a matter or class of matters for the purposes of paragraph
(1) (g) or (h).

(4) A person who has, pursuant to a law of the Commonwealth, the power to
consent to prosecutions for offences of a particular kind against the laws of
the Commonwealth (not being a person who has that power by virtue of an
authorization granted to the person by another person) may, by instrument in
writing published in the Gazette, authorize the Director to consent to
prosecutions for offences of that kind, but the giving of such an
authorization does not prevent the giving of a consent by a person who, but
for this sub-section, would have the power to give a consent.

(5) Where the Director consents to a prosecution for an offence against a
law of the Commonwealth, being an offence of a kind in relation to which an
instrument under sub-section (4) is in force, the prosecution may be
instituted and carried on without the consent of any other person.

(6) The institution or carrying on by the Director of proceedings for the
recovery of a pecuniary penalty under a law of the Commonwealth, or any other
act or thing done by the Director in relation to such proceedings, shall not
be challenged or called in question in any court on the ground that the
proceedings did not or do not relate to a matter in relation to which
paragraph (1) (g) applies.

(7) The taking by the Director of a civil remedy on behalf of and in the name
of the Commonwealth or an authority of the Commonwealth, or any other act or
thing done by the Director in relation to the taking of such a civil remedy,
shall not be challenged or called in question in any court on the ground that
the taking of the civil remedy did not or does not relate to a matter in
relation to which paragraph (1) (h) applies.