Victorian Consolidated Legislation

Public Prosecutions Act 1994 - SECT 51

Transitional provisions

51. Transitional provisions



(1) The office of Director of Public Prosecutions under this Act must be taken
to be the same office as the office of Director of Public Prosecutions under
the Director of Public Prosecutions Act 1982.

(2) The person holding office as Director of Public Prosecutions under the
Director of Public Prosecutions Act 1982 immediately before the commencement
of this subsection must be taken to have been appointed as Director under this
Act and, despite section 4(2), to have been so appointed until he attains the
age of 65 years.

(3) On the commencement of this subsection the office of Prosecutor for the
Queen is abolished and any holder of that office goes out of office.

(4) A person holding office as a Prosecutor for the Queen under section 352 of
the Crimes Act 1958 immediately before the commencement of subsection (3) is,
despite section 32, entitled to be appointed with effect from that
commencement as a Crown Prosecutor under this Act-

   (a)  for a term equal to the balance of the term of his or her appointment
        as a Prosecutor for the Queen immediately before that commencement;
        and

   (b)  with any entitlement in relation to leave of absence that, in the
        opinion of the Attorney-General, had or may have accrued to him or her
        in the office of Prosecutor for the Queen immediately before that
        commencement; and

   (c)  subject to the terms and conditions to be specified in the instrument
        of appointment.

(5) The terms and conditions with respect to salary and superannuation
specified in the instrument of appointment of a person referred to in
subsection (4) must be no less favourable to that person than those on which
he or she held office as a Prosecutor for the Queen immediately before the
commencement of subsection (3).

(6) The making presentment at the Supreme Court or County Court of any person
for an offence is not in any way affected by reason only of the abolition of
the office of Prosecutor for the Queen and any presentment that was signed
before the commencement of subsection (3) by a person who then held the office
of Prosecutor for the Queen but which was not filed at that Court before that
commencement is valid if at the time of its filing at that Court the person
who signed it holds the office of Crown Prosecutor under this Act.

(7) Any reference to a Prosecutor for the Queen in any Act or in any
subordinate instrument within the meaning of the
Interpretation of Legislation Act 1984 or in any other document whatsoever
shall, so far as it relates to any period after the commencement of subsection
(3) and if not inconsistent with the context or subject-matter, be construed
as a reference to a Crown Prosecutor.

(8) All staff holding an appointment under section 8 of the Director of Public
Prosecutions Act 1982 immediately before the commencement of this subsection
must be taken to be employed in the Office of Public Prosecutions on and from
that commencement.

(9) Despite the repeal by this Act of section 18(3) of the Director of Public
Prosecutions Act 1982, the Director continues, subject to this Act, to have
the power to give any authority, sanction or consent required by or under any
Act for the commencement of a criminal proceeding despite the Act conferring
that power on the Attorney-General or a law officer.

(10) Despite anything to the contrary in this or any other Act and despite the
repeal by this Act of section 16 of the Director of Public Prosecutions Act
1982-

   (a)  the Director must prepare and deliver to the Attorney-General in
        accordance with that section a report on the operations of the
        Director's office during the period beginning 1 July 1993 and ending
        on the day before the day on which section 52 of this Act comes into
        operation;

   (b)  the report prepared and submitted to the Attorney-General by the
        Director in accordance with section 12 of this Act for the period
        ending 30 June 1995 must be for the period beginning on the day on
        which section 52 comes into operation and ending 30 June 1995;

   (c)  the report prepared and submitted to the Attorney-General by the
        Committee for Public Prosecutions in accordance with section 45 of
        this Act for the period ending 30 June 1995 must be for the period
        beginning on the day on which section 52 comes into operation and
        ending 30 June 1995.

(11) An application made before the commencement of section 46 to a court for
punishment of a person for a contempt of court that involves an interference
with the administration of justice is not in any way affected by that section
and that application may be dealt with in all respects as if this Act had not
been passed.