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

DIRECTOR OF PUBLIC PROSECUTIONS AMENDMENT BILL 76 OF 2008

                                   TASMANIA

                                  ______________


     DIRECTOR OF PUBLIC PROSECUTIONS AMENDMENT BILL 2008

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                                   CONTENTS




1.       Short title
2.       Commencement
3.       Principal Act
4.       Section 10 substituted
           10. Removal or suspension of Director only by Parliament

 
 
     DIRECTOR OF PUBLIC PROSECUTIONS AMENDMENT BILL 2008

              (Brought in by The Honourable William Michael Hodgman)

                                     A BILL FOR

An Act to amend the Director of Public Prosecutions Act 1973 to ensure that the
Director of Public Prosecutions may not be removed from office except by the
Governor on an address from both Houses of Parliament

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and
consent of the Legislative Council and House of Assembly, in Parliament assembled, as
follows:

       1.     Short title

                     This Act may be cited as the Director of Public Prosecutions
                     Amendment Act 2008.

       2.     Commencement

                     This Act commences on the day on which it receives the Royal
                     Assent.

       3.     Principal Act

                     In this Act, the Director of Public Prosecutions Act 1973* is
                     referred to as the Principal Act.

       4.     Section 10 amended (Removal of Director from office)

                     Section 10 of the Principal Act is amended by deleting the section
                     and inserting the following section:

                     10. Removal or suspension of Director only by Parliament

                     (1)      The Director shall not be suspended or removed from
                              office except by the Governor on an address from both
                              Houses of Parliament, praying for such suspension or
                              removal on the ground of proved misbehaviour or
                              incapacity.

                     (2)      Except as provided by subsection (1), the Governor shall
                              not suspend the Director or remove the Director from
                              office.

 
 
                  (2)    The Director shall be deemed to have vacated office if ­

                        (a) he or she becomes bankrupt, applies to take the benefit
                            of any laws for the relief of bankrupt or insolvent
                            debtors, compounds with his or her creditors, or makes
                            any assignment of his or her remuneration or estate for
                            their benefit; or

                        (b) he or she becomes unable to perform competently the
                            duties of the office.

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*No. 11 of 1973

 

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