Victorian Current Acts

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PUBLIC PROSECUTIONS ACT 1994


TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  

   PART 2--DIRECTOR OF PUBLIC PROSECUTIONS

   9.      Acting Director  
   10.     Director is responsible to Attorney-General  
   11.     Appearance by Director  
   12.     Annual report  

   PART 3--CHIEF CROWN PROSECUTOR

   13.     Appointment  
   14.     Role of Chief Crown Prosecutor  
   15.     Terms and conditions  
   15A.    Salary sacrifice—Chief Crown Prosecutor  
   16.     Resignation  
   17.     Suspension and removal from office  
   18.     Pension of Chief Crown Prosecutor and of his or her partner and children  
   19.     Acting Chief Crown Prosecutor  
   19A.    Salary sacrifice—Acting Chief Crown Prosecutor  
   19B.    Chief Crown Prosecutor may act as Director  
   20.     Chief Crown Prosecutor is responsible to Director  
   21.     Exercise of powers in cases of conflict of interest etc.  

   PART 4--FUNCTIONS AND POWERS OF DIRECTOR

   22.     Functions of Director  
   23.     Functions of Director in relation to public prosecutions service  
   24.     Matters to which Director must have regard  
   25.     Power to discontinue criminal proceedings  
   25A.    Guidelines—briefing legal practitioners other than Crown Prosecutors and Associate Crown Prosecutors  
   26.     Guidelines—prosecutions of offences  
   27.     Director to be provided with certain information  
   28.     Director may request police assistance  
   29.     Director may make request to Attorney-General  
   30.     Delegation  

   PART 5--CROWN PROSECUTORS

   31.     Appointment  
   32.     Terms and conditions  
   32A.    Salary sacrifice—Crown Prosecutors  
   33.     Resignation  
   34.     Removal from office  
   35.     Pensions of Senior Crown Prosecutors and of their partners and children  
   35A.    Senior Crown Prosecutor may act as Chief Crown Prosecutor  
   36.     Functions of Crown Prosecutors  

   PART 6--ASSOCIATE CROWN PROSECUTORS

   37.     Appointment  
   38.     Functions of Associate Crown Prosecutors  

   PART 7--OFFICE OF PUBLIC PROSECUTIONS

           Division 1--Office of Public Prosecutions

   39.     Office of Public Prosecutions  
   40.     Employment of staff  
   41.     Functions of Office  

           Division 2--Solicitor for Public Prosecutions

   42.     Appointment  
   43.     Functions of Solicitor for Public Prosecutions  
   44.     Delegation  

   PART 8--THE DIRECTOR'S COMMITTEE

           Division 1--Establishment and functions of Director's Committee

   45.     Director's Committee  
   45A.    Functions of Director's Committee  
   45B.    Guidelines—regarding special decisions  

           Division 2--Special decisions

   45C.    Meeting to be held for special decisions  
   45D.    Constitution of Director's Committee for meeting on special decision  
   45E.    When meeting not required  
   45F.    Report to Attorney-General if advice not followed  
   45G.    Report to be tabled in Parliament  
   45H.    Delegation of functions in relation to special decisions  

   PART 9--MISCELLANEOUS

   46.     Immunity  
   47.     Outcome of trial cannot be challenged etc. on ground relating to special decision  
   48.     Judicial notice  
   48A.    Consolidated annual report  
   49.     Supreme Court—limitation of jurisdiction  
   50.     Regulations  
   51.     Transitional provisions  
   51A.    Transitional provisions (1998 amendments)  
   52.     Transitional provisions (1999 amendments)  
   53.     Transitional provision (2004 amendment)  
   54.     Transitional provision (2006 amendment)  
   55.     Validation provision  
   56.     Transitional provisions (2012 amendment)  
           ENDNOTES


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