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ATTORNEY-GENERAL BILL 1998

This is a Bill, not an Act. For current law, see the Acts databases.


ATTORNEY-GENERAL BILL 1998

       Queensland




ATTORNEY-GENERAL BILL
        1998

 


 

 

Queensland ATTORNEY-GENERAL BILL 1998 TABLE OF PROVISIONS Section Page PART 1--PRELIMINARY 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 2--ESTABLISHMENT OF OFFICE 3 The office of Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 4 Position of Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 3--ATTORNEY-GENERAL'S FUNCTIONS AND POWERS Division 1--Principal functions 5 Principal functions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 2--Powers 6 General powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 7 Specific powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Division 3--General 8 Retention of traditional role . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 9 Additional functions and powers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PART 4--REPORTING OBLIGATIONS 10 Refusal of relator application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 11 Independent exercise of powers about prosecutions . . . . . . . . . . . . . . . . . . . 8 PART 5--MISCELLANEOUS 12 Service on Attorney-General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 13 Regulation-making power . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

 


 

 

1998 A BILL FOR An Act relating to the functions and powers of the Attorney-General, and for related purposes

 


 

s1 4 s4 Attorney-General The Parliament of Queensland enacts-- 1 PART 1--PRELIMINARY 2 title 3 Short 1. This Act may be cited as the Attorney-General Act 1998. 4 5 Commencement 2. This Act commences on a day to be fixed by proclamation. 6 PART 2--ESTABLISHMENT OF OFFICE 7 office of Attorney-General 8 The 3.(1) There is to be an Attorney-General for the State. 9 (2) The Attorney-General is-- 10 (a) the Minister who is designated by the Governor as 11 Attorney-General or Minister for Justice and Attorney-General; 12 or 13 (b) if the Governor does not designate a Minister as 14 Attorney-General or Minister for Justice and 15 Attorney-General--the Minister. 16 of Attorney-General 17 Position 4. The Attorney-General is the first law officer of the State. 18

 


 

s5 5 s7 Attorney-General PART 3--ATTORNEY-GENERAL'S FUNCTIONS 1 AND POWERS 2 1--Principal functions 3 Division functions 4 Principal 5. The Attorney-General's principal functions are-- 5 (a) to be the State's chief legal representative; and 6 (b) to give legal advice to the State; and 7 (c) to be the Minister responsible to the Parliament for the 8 administration of law and justice in the State.1 9 Division 2--Powers 10 powers 11 General 6.(1) The Attorney-General has power to do all things necessary or 12 convenient to be done for the Attorney-General's functions. 13 (2) The Attorney-General may start and conduct litigation for the 14 following-- 15 (a) the State; 16 (b) the Governor; 17 (c) a Minister; 18 (d) a person suing or being sued on behalf of the State. 19 powers 20 Specific 7.(1) The Attorney-General may do the following-- 21 1 See also section 8 (Retention of traditional role) and section 9 (Additional functions and powers).

 


 

s7 6 s7 Attorney-General (a) present an indictment;2 1 (b) enter nolle prosequi on indictments;3 2 (c) grant immunities from prosecution; 3 (d) undertake to a person not to use, or make derivative use of, 4 information or a thing against the person in a proceeding, other 5 than in relation to the falsity of evidence given by the person in a 6 proceeding; 7 (e) enforce charitable and public trusts; 8 (f) bring proceedings to enforce and protect public rights; 9 (g) grant fiats to enable entities, that would not otherwise have 10 standing, to start proceedings in the Attorney-General's name-- 11 (i) to enforce charitable and public trusts; and 12 (ii) to enforce and protect public rights; 13 (h) challenge the constitutional validity of legislation (including 14 Commonwealth legislation) that affects the public interest in the 15 State; 16 (i) appear before a court to help the court in appropriate cases; 17 (j) advise the Executive Council on judicial appointments; 18 (k) start proceedings for contempt of court in the public interest; 19 (l) apply for judicial review to correct errors by courts and tribunals.4 20 (2) Despite subsection (1)(a) or (b), the Attorney-General may not direct 21 or instruct the Director of Public Prosecutions to present an indictment or 22 enter a nolle prosequi. 23 (3) To avoid any doubt, it is declared that-- 24 2 See the Criminal Code, sections 560 and 561. 3 This refers to the Attorney-General's power to inform a court in writing that the State will not further proceed on an indictment or in relation to any charge contained in the indictment. See the Criminal Code, section 563 (Nolle prosequi). 4 See also the Judicial Review Act 1991, section 51 (Intervention by Attorney-General).

 


 

s8 7 s 10 Attorney-General (a) the Attorney-General may not grant immunity from prosecution 1 for a future act or omission; and 2 (b) a decision or proposed decision to exercise a power for a matter 3 listed under subsection (1) is not a decision of an administrative 4 character under an enactment merely because the matter is listed 5 under subsection (1). 6 3--General 7 Division of traditional role 8 Retention 8. The Attorney-General has the functions, powers, prerogatives and 9 privileges of the Attorney-General for the State under the common law or 10 equity or by tradition or usage. 11 functions and powers 12 Additional 9.(1) The Attorney-General also has functions and powers conferred on 13 the Attorney-General under this Act or another Act. 14 (2) A function or power conferred on the Attorney-General under this 15 Act or another Act does not limit another function or power of the 16 Attorney-General. 17 ART 4--REPORTING OBLIGATIONS 18 P of relator application 19 Refusal 10.(1) This section applies if-- 20 (a) an application is made for the Attorney-General to grant an entity 21 a fiat to start a proceeding in the Attorney-General's name to 22 enforce or protect a public right; and 23 (b) the application is refused or the fiat is not granted within 60 days 24 after the application was made. 25

 


 

s 11 8 s 11 Attorney-General (2) The Attorney-General must-- 1 (a) prepare a report outlining-- 2 (i) the nature of the application; and 3 (ii) the breach of the public right alleged; and 4 (iii) the reasons for the refusal of the application or failure to 5 grant the fiat; and 6 (b) table the report in the Legislative Assembly within 3 sitting days 7 after-- 8 (i) the refusal; or 9 (ii) if the application was not refused but the fiat was not granted 10 within 60 days after the application was made, the end of the 11 60 days. 12 exercise of powers about prosecutions 13 Independent 11.(1) This section applies if the Attorney-General-- 14 (a) presents an indictment against a person and-- 15 (i) the person is acquitted; or 16 (ii) the person is convicted and any period for appealing against 17 the conviction has ended and an appeal against the conviction 18 has not been started; or 19 (iii) the person is convicted and the person has appealed against 20 the conviction and the appeal is finally decided or has 21 otherwise ended; or 22 (iv) the prosecution process has otherwise ended; or 23 (b) enters a nolle prosequi on an indictment. 24 (2) The Attorney-General must-- 25 (a) prepare a report outlining the circumstances and reasons for the 26 Attorney-General's decision to present the indictment or to enter 27 the nolle prosequi; and 28 (b) table the report in the Legislative Assembly within 3 sitting days 29 after the event mentioned in subsection (1) happens. 30

 


 

s 12 9 s 13 Attorney-General (3) In this section-- 1 "convicted" includes being found guilty, and the acceptance of a plea of 2 guilty, by a court, whether or not a conviction is recorded. 3 ART 5--MISCELLANEOUS 4 P on Attorney-General 5 Service 12.(1) This section applies if, under another Act, a document must or 6 may be served on or given to the Attorney-General. 7 (2) The service or giving of the document may be carried out by giving 8 the document to the chief executive. 9 power 10 Regulation-making 13. The Governor in Council may make regulations under this Act. 11 12 13 © State of Queensland 1998