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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Public Prosecutions (Amendment) Act 2003
Victorian Legislation and Parliamentary Documents
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purpose 1
2. Commencement 1
3. New section 46 inserted 2
46. Immunity 2
4. New section 53 inserted 3
53. Transitional provision (2003 amendment) 3
5. Functions of OPP 4
ENDNOTES 5
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551122B.I1-27/11/2003 BILL LA CIRCULATION 27/11/2003
PARLIAMENT OF VICTORIA
Initiated in Assembly 25 November 2003
Victorian Legislation and Parliamentary Documents
A BILL
to amend the Public Prosecutions Act 1994 to confer an immunity
from personal liability in certain circumstances on certain persons
performing duties under that Act and for other purposes.
Public Prosecutions (Amendment) Act
2003
The Parliament of Victoria enacts as follows:
1. Purpose
The main purpose of this Act is to confer an
immunity from personal liability in certain
circumstances on certain persons performing
5 duties under the Public Prosecutions Act 1994.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
551122B.I1-27/11/2003 BILL LA CIRCULATION 27/11/2003
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Public Prosecutions (Amendment) Act 2003
s. 3
Act No.
3. New section 46 inserted
See: In Part 9 of the Public Prosecutions Act 1994,
Act No.
Victorian Legislation and Parliamentary Documents
before section 47 insert--
43/1994.
Reprint No. 2
"46. Immunity
as at
22 December
5 (1) This section applies to a person who is or has
1999 and
amending
been (whether before or after the
Act No.
commencement of section 3 of the Public
19/2001.
LawToday:
Prosecutions (Amendment) Act 2003)--
www.dms.
dpc.vic.
(a) the Director;
gov.au
10 (b) the Chief Crown Prosecutor;
(c) a Crown Prosecutor;
(d) an Associate Crown Prosecutor;
(e) the Solicitor for Public Prosecutions;
(f) a member of staff employed in the
15 Office of Public Prosecutions in
connection with the institution,
preparation or conduct of any
proceeding or matter on behalf of the
Director;
20 (g) a member of the Committee for Public
Prosecutions appointed under section
42(2)(d);
(h) the Director of Public Prosecutions
under the Director of Public
25 Prosecutions Act 1982 or a Prosecutor
for the Queen holding office before the
commencement of section 51(3) of this
Act under section 352 of the Crimes
Act 1958;
30 (i) a member of staff referred to in section
51(8) employed in connection with the
institution, preparation or conduct of
any proceeding or matter on behalf of
the Director of Public Prosecutions
2
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Public Prosecutions (Amendment) Act 2003
s. 4
Act No.
under the Director of Public
Prosecutions Act 1982.
Victorian Legislation and Parliamentary Documents
(2) A person to whom this section applies is not
personally liable for anything necessarily or
5 reasonably done or omitted to be done in
good faith--
(a) in the exercise of a power or the
performance of a function or duty
under, or in connection with, this Act or
10 the Director of Public Prosecutions
Act 1982; or
(b) in the reasonable belief that the act or
omission was in the exercise of a power
or the performance of a function or
15 duty under, or in connection with, this
Act or the Director of Public
Prosecutions Act 1982.
(3) Any liability resulting from an act or
omission that, but for sub-section (2), would
20 attach to a person to whom this section
applies attaches instead to the State.".
4. New section 53 inserted
After section 52 of the Public Prosecutions Act
1994 insert--
25 "53. Transitional provision (2003 amendment)
Section 46, as inserted by section 3 of the
Public Prosecutions (Amendment) Act
2003--
(a) applies to causes of action irrespective
30 of whether the act or omission alleged
to have resulted in the liability occurred
before or after the commencement of
that Act; but
3
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Public Prosecutions (Amendment) Act 2003
s. 5
Act No.
(b) does not affect the rights of the
parties--
Victorian Legislation and Parliamentary Documents
(i) in the proceeding known as
Cannon v Tahche (No. 6041 of
5 1997) in the Supreme Court of
Victoria; or
(ii) in any other proceeding
commenced before the
commencement of that Act.".
10 5. Functions of OPP
In section 41(1)(a)(i) of the Public Prosecutions
Act 1994, omit "paragraph (a) or (b) of".
4
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Public Prosecutions (Amendment) Act 2003
Endnotes
Act No.
ENDNOTES
Victorian Legislation and Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
5
551122B.I1-27/11/2003 BILL LA CIRCULATION 27/11/2003
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