Commonwealth Numbered Acts

Director of Public Prosecutions Act 1983 No. 113 of 1983 - SECT 9

9. (1) For the purposes of the performance of his functions, the Director may
prosecute by indictment in his official name indictable offences against the
laws of the Commonwealth, but nothing in this sub-section prevents the
Director from prosecuting an offence against a law of the Commonwealth in any
other manner.

(2) Where the Director institutes a prosecution on indictment for an offence
against a law of the Commonwealth, the indictment shall be signed-

   (a)  by the Director; or

   (b)  for and on behalf of the Director, by a person authorized by the
        Director, by instrument in writing, to sign indictments.

(3) For the purposes of the performance of his functions, the Director may
take over a prosecution on indictment for an offence against a
law of the Commonwealth, being a prosecution instituted by another person
(other than the Attorney-General or a Special Prosecutor).

(4) Where-

   (a)  a person is under commitment, or has been indicted, on a charge of an
        indictable offence against a law of the Commonwealth; and

   (b)  the prosecution for the offence was instituted, has been taken over or
        is being carried on by the Director, the Director may decline to
        proceed further in the prosecution and may, if the person is in
        custody, by warrant signed by the Director, direct the discharge of
        the person from custody, and where such a direction is given, the
        person shall be discharged accordingly.

(5) For the purposes of the performance of his functions, the Director may
take over a proceeding that was instituted or is being carried on by another
person, being a proceeding-

   (a)  for the commitment of a person for trial in respect of an indictable
        offence against a law of the Commonwealth; or

   (b)  for the summary conviction of a person in respect of an offence
        against a law of the Commonwealth, and where the Director takes over
        such a proceeding, he may decline to carry it on further.

(6) The Director may, if he considers it appropriate to do so, give to a
person an undertaking that-

   (a)  an answer that is given, or a statement or disclosure that is made, by
        the person in the course of giving evidence in specified proceedings;
        or

   (b)  the fact that the person discloses or produces a document or other
        thing in specified proceedings, being proceedings for an offence
        against, or for the recovery of a pecuniary penalty under, a
        law of the Commonwealth instituted, taken over or carried on by, or
        under the co-ordination or supervision of, the Director, will not be
        used in evidence against the person, and where the Director gives such
        an undertaking-

   (c)  an answer that is given, or a statement or disclosure that is made, by
        the person in the course of giving evidence in the specified
        proceedings; or

   (d)  the fact that the person discloses or produces a document or other
        thing in the specified proceedings, as the case may be, is not
        admissible in evidence against the person in any civil or criminal
        proceedings in a federal court or in a court of a State or Territory,
        other than proceedings in respect of the falsity of evidence given by
        the person.

(7) Where the Director has instituted or taken over, or is carrying on, a
prosecution for an offence against a law of the Commonwealth, the Director may
exercise in respect of that prosecution, in addition to such rights of appeal
(if any) as are exercisable by him otherwise than under this sub-section, such
rights of appeal (if any) as are exercisable by the Attorney-General in
respect of that prosecution.

(8) Nothing in sub-section (7) prevents the exercise by the Attorney-General
of a right of appeal that, but for that sub-section, would be exercisable by
the Attorney-General.

(9) For the purposes of the performance of the function referred to in
paragraph 6 (1) (g), the Director may institute, in the name of the
Commonwealth or of an authority of the Commonwealth, proceedings for the
recovery of a pecuniary penalty under a law of the Commonwealth.

(10) For the purposes of the performance of the function referred to in
paragraph 6 (1) (h), the Director may take, in the name of the Commonwealth or
of an authority of the Commonwealth, civil remedies on behalf of the
Commonwealth or of that authority, as the case may be.