CORPORATIONS (SOUTH AUSTRALIA) ACT 1990 - SECT 91
CORPORATIONS (SOUTH AUSTRALIA) ACT 1990 - SECT 91
91—Conferral of functions and powers in relation to co-operative scheme
laws
(1) The Commonwealth
Director of Public Prosecutions—
(a) has
the same enforcement powers in relation to the co-operative scheme laws as has
the Crown in right of South Australia acting by the Attorney-General or the
Director of Public Prosecutions of South Australia; and
(b) may,
in relation to an offence against a co-operative scheme law, perform the
functions and exercise the powers conferred on the Director of Public
Prosecutions by the Director of Public Prosecutions Act 1983 of the
Commonwealth in relation to offences against the laws of the Commonwealth as
if the offence against the co-operative scheme law were an offence against a
national scheme law of this jurisdiction.
(2) The Australian
Federal Police—
(a) have
the same enforcement powers in relation to the co-operative scheme laws as has
the police force of South Australia; and
(b) may,
in relation to an offence against a co-operative scheme law, perform the
functions and exercise the powers conferred on the Australian Federal Police
in relation to offences against the laws of the Commonwealth as if the offence
against the co-operative scheme law were an offence against a
national scheme law of this jurisdiction.
(3) The
Commonwealth Minister has, in respect of the prosecution of offences against
the co-operative scheme laws, the same functions and powers as he or she has
in respect of the prosecution of offences against a national
scheme law of this jurisdiction.
(4) For the purposes
of the exercise of enforcement powers, and other functions and powers
conferred by this section, including the obtaining of warrants to arrest, an
offence against a co-operative scheme law is taken to be an offence against a
national scheme law of this jurisdiction.
(5) In this
section—
"enforcement power" means a function or power relating to—
(a) the
investigation of an offence; or
(b) the
arrest and custody of persons charged with an offence; or
(c) the
institution and carrying on of a prosecution of an offence; or
(d)
matters relating to such an investigation, arrest, custody or prosecution.