Victorian Consolidated Legislation

Public Prosecutions Act 1994 - SECT 30

Delegation

30. Delegation



(1) Subject to subsection (2), the Director may, by instrument, delegate to
the Chief Crown Prosecutor or to a Crown Prosecutor any function or power of
the Director under this Act other than-

   (a)  the power to make presentment of any person for an offence; and



   (b)  except as provided by subsection (3), the power to give any authority,
        sanction or consent required by or under any Act for the commencement
        of a criminal proceeding; and

   (c)  any function or power as a member of a Director's Committee; and

   (d)  this power of delegation.

(2) The Director may only delegate his or her power to enter a nolle prosequi
in a criminal proceeding to the Chief Crown Prosecutor or a Crown Prosecutor
appointed under Part 5 as a Senior Crown Prosecutor and then only if the
decision to enter the nolle prosequi is not required to be treated as a
special decision for the purposes of this Act.

(3) The Director may delegate his or her power to give any authority, sanction
or consent for the commencement of a criminal proceeding required by-

   (a)  section 50(5) of the Crimes Act 1958 as in force immediately before
        its repeal on 1 June 1983 by section 18(1) of the Director of Public
        Prosecutions Act 1982;

   (b)  section 69(3) of the Crimes Act 1958 as in force immediately before
        its repeal on 1 March 1981 by section 6 of the Crimes (Sexual
        Offences) Act 1980;

   (c)  section 95(2) of the Estate Agents Act 1980;

   (d)  section 3(4) or 4(4) of the Judicial Proceedings Reports Act 1958.

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