DIRECTOR OF PUBLIC PROSECUTIONS ACT 1983 - SECT 8 Directions and guidelines by Attorney - General

DIRECTOR OF PUBLIC PROSECUTIONS ACT 1983 - SECT 8

  (1)   In the performance of the Director's functions and in the exercise of the Director's powers, the Director is subject to such directions or guidelines as the Attorney - General, after consultation with the Director, gives or furnishes to the Director by instrument in writing.

  (2)   Without limiting the generality of subsection   ( 1), directions or guidelines under that subsection may:

  (a)   relate to the circumstances in which the Director should institute or carry on prosecutions for offences;

  (b)   relate to the circumstances in which undertakings should be given under subsection   9(6); and

  (c)   be given or furnished in relation to particular cases.

  (3)   Where the Attorney - General gives a direction or furnishes a guideline under subsection   ( 1), he or she shall:

  (a)   as soon as practicable after the time that is the relevant time in relation to the instrument containing the direction or guideline, cause a copy of the instrument to be published in the Gazette ; and

  (b)   cause a copy of that instrument to be laid before each House of the Parliament within 15 sitting days of that House after that time.

  (4)   Subject to subsection   ( 5), the relevant time for the purposes of subsection   ( 3), in relation to an instrument under subsection   ( 1), is the time when the instrument is made.

  (5)   Where:

  (a)   an instrument under subsection   ( 1) relates to a matter in relation to which proceedings may be instituted or are being carried on; and

  (b)   the Attorney - General is satisfied that the interests of justice require that the contents of the instrument not be disclosed;

the relevant time for the purposes of subsection   ( 3) in relation to the instrument is whichever is the earlier of the following times:

  (c)   the time when the Attorney - General ceases to be satisfied as to the matter mentioned in paragraph   ( b); or

  (d)   the time when:

  (i)   it is decided that no proceedings will be instituted in relation to the matter; or

  (ii)   all proceedings in relation to the matter (including proceedings by way of appeal from, or otherwise arising out of, proceedings in relation to the matter) are determined or discontinued;

    as the case may be.