(1) In this section, a reference to an existing Crown Prosecutor or a person
holding a commission as an existing Crown Prosecutor is a reference to a
person holding an appointment under section 5 of The Australian Courts Act
1828 (9 Geo IV, c 83) or section 572 of the Crimes Act 1900 .
(2) All
appointments under section 5 of The Australian Courts Act 1828 and section 572
of the Crimes Act 1900 are revoked.
(3) The persons holding commissions and
paid as existing Crown Prosecutors immediately before the commencement of this
subsection shall, if eligible to be appointed as Crown Prosecutors under this
Act, be deemed to have been appointed as Crown Prosecutors under this Act.
(4) Anything done or omitted before the commencement of this subsection by an
existing Crown Prosecutor shall be deemed to have been done or omitted by a
Crown Prosecutor appointed under this Act.
(5) Nothing in this Act affects
any proceedings pending immediately before the commencement of this subsection
in which an existing Crown Prosecutor was appearing, and the Crown Prosecutor
may continue to appear.
(6) A reference in any other Act, in any instrument
made under any Act or in any other instrument of any kind to a Crown
Prosecutor shall be read as a reference to a Crown Prosecutor appointed under
this Act.
(7) In the case of a person holding a commission as an existing
Crown Prosecutor immediately before the commencement of this subsection, the
references in sections 8 and 9 to the age of 65 years shall be read as
references to the age of 70 years.
(8) Section 4 (3A) applies to a Crown
Prosecutor appointed before the commencement of that subsection.
(9) Until a
relevant determination is made and takes effect under the
Statutory and Other Offices Remuneration Act 1975 , a
part-time Crown Prosecutor is entitled to be paid in accordance with the
determination in force for the time being for Crown Prosecutors, but on a pro
rata basis (according to time spent in service), as calculated by the Attorney
General.
