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PARLIAMENT OF VICTORIA
Public Prosecutions (Amendment) Act 1999
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 2
1. Purposes 2
2. Commencement 2
PART 2--AMENDMENTS TO THE PUBLIC PROSECUTIONS
ACT 1994 3
3. Amendment of purposes section 3
4. Amendment of definition 3
5. Repeal of sections 4, 5, 6, 7 and 8 3
6. Amendment of functions of Director 3
7. Repeal of section 46 3
8. Repeal of section 49(a) 3
9. Transitional provision 4
52. Transitional provisions (1999 amendments) 4
PART 3--AMENDMENTS TO THE CONSTITUTION ACT 1975 6
10. Entrenchment of DPP 6
11. New Part IIIA inserted 6
PART IIIA--DIRECTOR OF PUBLIC PROSECUTIONS 6
87AA. Definition 6
87AB. Appointment 6
87AC. Terms and conditions 6
87AD. Resignation 7
87AE. Suspension and removal from office 7
87AF. Pension of Director and of his or her spouse and children 8
PART 4--AMENDMENT OF THE SUPREME COURT ACT 1986 9
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Clause Page
12. New Division 8 inserted in Part 5 9
Division 8--Contempt of Court 9
61. Restoration of common law relating to contempt of court 9
NOTES 10
ii
541017B.I1-26/11/99
PARLIAMENT OF VICTORIA
Initiated in Assembly 24 November 1999
A BILL
to amend the Constitution Act 1975 to provide for the appointment of
the Director of Public Prosecutions under that Act, to amend the
Public Prosecutions Act 1994 to remove restrictions on who may
apply to a court for punishment of a person for contempt of court, to
amend the Supreme Court Act 1986 to provide for the restoration of
the common law relating to contempt of court and for other purposes.
Public Prosecutions (Amendment) Act
1999
The Parliament of Victoria enacts as follows:
1
541017B.I1-26/11/99
Public Prosecutions (Amendment) Act 1999
s. 1
Act No.
PART 1--PRELIMINARY
1. Purposes
The purposes of this Act are--
(a) to amend the Public Prosecutions Act 1994
5 to remove restrictions on who may apply to a
court for punishment of a person for
contempt of court; and
(b) to amend the Supreme Court Act 1986 to
provide for the restoration of the common
10 law relating to contempt of court; and
(c) to provide for the further independence of
the position of Director of Public
Prosecutions by amending the Constitution
Act 1975 to provide for the appointment of
15 the Director of Public Prosecutions under
that Act.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
20 _______________
2
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Public Prosecutions (Amendment) Act 1999
s. 3
Act No.
PART 2--AMENDMENTS TO THE PUBLIC PROSECUTIONS
ACT 1994
3. Amendment of purposes section
No. 43/1994.
(1) In section 1(a) of the Public Prosecutions Act
Reprint No. 1
5 1994 omit "a Director of Public Prosecutions,". as at
14 November
(2) After section 1(a) of the Public Prosecutions Act 1996. Further
1994 insert-- amended by
Nos 44/1997,
2/1998 and
"(ab) to set out the functions and powers of the
46/1998.
Director of Public Prosecutions;".
10 4. Amendment of definition
In section 3 of the Public Prosecutions Act 1994,
in the definition of "Director", for "Part 2"
substitute "section 87AB of the Constitution Act
1975".
15 5. Repeal of sections 4, 5, 6, 7 and 8
Sections 4, 5, 6, 7 and 8 of the Public
Prosecutions Act 1994 are repealed.
6. Amendment of functions of Director
(1) In section 22(1)(ba)(iii) of the Public
20 Prosecutions Act 1994 omit "subject to
section 46,".
(2) In section 22(1)(c) of the Public Prosecutions
Act 1994, omit "(acting on, and in accordance
with, the advice of the Solicitor-General)".
25 7. Repeal of section 46
Section 46 of the Public Prosecutions Act 1994
is repealed.
8. Repeal of section 49(a)
Section 49(a) of the Public Prosecutions Act
30 1994 is repealed.
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Public Prosecutions (Amendment) Act 1999
s. 9
Act No.
9. Transitional provision
After section 51A of the Public Prosecutions Act
1994 insert--
"52. Transitional provisions (1999 amendments)
5 (1) The repeal of section 8 by section 5 of the
Public Prosecutions (Amendment) Act
1999 does not affect the pension entitlements
immediately before the commencement of
this sub-section of the Director and his or her
10 spouse and children.
(2) The repeal of section 46 by section 7 of the
Public Prosecutions (Amendment) Act
1999 does not affect any application made
before the commencement of this sub-section
15 to a court for the punishment of a person for
a contempt of court and that application may
be dealt with in all respects as if section 46
had not been repealed.
(3) Subject to Part IIIA of the Constitution Act
20 1975, the person holding office as Director
of Public Prosecutions under this Act
immediately before the commencement of
section 10 of the Public Prosecutions
(Amendment) Act 1999 continues to hold
25 office as Director of Public Prosecutions
after that commencement for the balance of
his term of appointment, on the same terms
and conditions as those on which he held
office before that commencement, as if he
30 had been appointed under section 87AB of
the Constitution Act 1975.
(4) The office of Director of Public Prosecutions
under Part IIIA of the Constitution Act
1975 must be taken to be the same office as
35 the office of Director of Public Prosecutions
under this Act.".
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Public Prosecutions (Amendment) Act 1999
s. 9
Act No.
_______________
5
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Public Prosecutions (Amendment) Act 1999
s. 10
Act No.
PART 3--AMENDMENTS TO THE CONSTITUTION ACT
1975
10. Entrenchment of DPP
No. 8750. In section 18(2)(b) of the Constitution Act 1975,
Reprint No. 13
5 after "section 85," insert "Part IIIA".
as at
17 September
1998. Further
amended by
No. 24/1999.
11. New Part IIIA inserted
After Part III of the Constitution Act 1975
insert--
'PART IIIA--DIRECTOR OF PUBLIC
10 PROSECUTIONS
87AA. Definition
In this Part--
"Director" means Director of Public
Prosecutions appointed under section 87AB.
15 87AB. Appointment
(1) The Governor in Council may appoint as
Director of Public Prosecutions a person who
is a barrister and solicitor of the Supreme
Court of not less than 8 years' standing.
20 (2) Subject to this Part, a person appointed as
Director holds office for a term of 10 years
or for the longer term, not exceeding
20 years, that is specified in his or her
instrument of appointment and is eligible for
25 re-appointment.
87AC. Terms and conditions
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Public Prosecutions (Amendment) Act 1999
s. 11
Act No.
(1) The Director is entitled to be paid the same
salary as that payable to a judge of the
Supreme Court under section 82(2).
(2) The Director must not, without the consent
5 of the Attorney-General and in accordance
with any conditions attached to that consent,
engage in the practice of the law or in any
paid employment (whether within or outside
Victoria) outside the duties of his or her
10 office.
(3) The office of Director is not an authority
within the meaning of section 47(1) of the
Public Sector Management and
Employment Act 1998.
15 87AD. Resignation
The Director may resign from office by
delivering to the Governor a signed letter of
resignation.
87AE. Suspension and removal from office
20 (1) The Governor in Council may suspend the
Director from office.
(2) If the Director is suspended from office the
Attorney-General must cause a full statement
of the ground or grounds of the suspension to
25 be laid before each House of Parliament on
or before the 7th sitting day of that House
after the suspension.
(3) The Governor in Council must remove the
Director from office if each House of
30 Parliament on or before the 7th sitting day of
that House after the statement is laid before
it passes a resolution declaring that the
Director ought to be removed from office.
(4) If both Houses of Parliament do not pass a
35 resolution of the kind specified in sub-
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Public Prosecutions (Amendment) Act 1999
s. 11
Act No.
section (3) within the time specified in that
sub-section, the Governor in Council must
without delay remove the suspension and
restore the Director to office.
5 (5) The Director can only be removed from
office in accordance with this section.
87AF. Pension of Director and of his or her
spouse and children
(1) The Director and his or her spouse and
10 children are entitled to pensions in the same
circumstances and at the same rates and on
the same terms and conditions as a judge of
the Supreme Court (other than the Chief
Justice, the President of the Court of Appeal
15 or a Judge of Appeal) and his or her spouse
and children are entitled to under section 83.
(2) A pension under this section is liable to be
suspended or determined in the same
circumstances and to the same extent as
20 pensions under section 83 are liable to be
suspended or determined.
(3) All pensions under this section or under any
corresponding previous enactment are
payable out of the Consolidated Fund which
25 is to the necessary extent appropriated
accordingly.'.
_______________
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Public Prosecutions (Amendment) Act 1999
s. 12
Act No.
PART 4--AMENDMENT OF THE SUPREME COURT ACT
1986
12. New Division 8 inserted in Part 5
No. 110/1986.
In Part 5 of the Supreme Court Act 1986, after
Reprint No. 3
5 Division 7 insert-- as at 1 August
1998. Further
amended by
"Division 8--Contempt of Court
No. 10/1999.
61. Restoration of common law relating to
contempt of court
(1) The law relating to the right of any person to
10 apply to a court for punishment of a person
for a contempt of court is as if section 46 of
the Public Prosecutions Act 1994 had not
been enacted and the common law has effect
accordingly.
15 (2) This section has effect--
(a) subject to section 52(2) of the Public
Prosecutions Act 1994, whether the
alleged contempt occurred before or
after the commencement of section 12
20 of the Public Prosecutions
(Amendment) Act 1999; and
(b) despite anything to the contrary in the
Interpretation of Legislation Act
1984.".
25
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Public Prosecutions (Amendment) Act 1999
Notes
Act No.
NOTES
By Authority. Government Printer for the State of Victoria.
10
541017B.I1-26/11/99
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