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This is a Bill, not an Act. For current law, see the Acts databases.
Western Australia
Director of Public Prosecutions Amendment
Bill 2004
CONTENTS
1. Short title 1
2. The Act amended 2
3. Section 11 replaced 2
4. Section 12 repealed 3
5. Section 13 amended 3
6. Section 19 amended 3
7. Section 23 amended 3
281--1 page i
Western Australia
LEGISLATIVE ASSEMBLY
Director of Public Prosecutions Amendment
Bill 2004
A Bill for
An Act to amend the Director of Public Prosecutions Act 1991.
The Parliament of Western Australia enacts as follows:
1. Short title
This Act may be cited as the Director of Public Prosecutions
Amendment Act 2004.
page 1
Director of Public Prosecutions Amendment Bill 2004
s. 2
2. The Act amended
The amendments in this Act are to the Director of Public
Prosecutions Act 1991*.
[* Reprinted as at 1 June 2001.
5 For subsequent amendments see Western Australian
Legislation Information Tables for 2003, Table 1, p. 104-5.]
3. Section 11 replaced
Section 11 is repealed and the following section is inserted
instead --
10 "
11. Prosecutions
(1) It is a function of the Director --
(a) to commence and conduct the prosecution of
any offence, whether indictable or not, and
15 whether on indictment or not; and
(b) at any stage of the proceedings, to take over a
prosecution commenced by another person of
an offence, whether indictable or not, and
whether on indictment or not.
20 (2) The function under subsection (1) may be performed
despite any other written law that --
(a) requires the consent or approval of a person for
a prosecution to be commenced;
(b) prescribes who can commence a prosecution;
25 (c) prescribes a manner in which a prosecution
may be commenced; or
(d) does more than one of those things.
".
page 2
Director of Public Prosecutions Amendment Bill 2004
s. 4
4. Section 12 repealed
Section 12 is repealed.
5. Section 13 amended
Section 13 is amended as follows:
5 (a) in paragraph (a) by deleting "or 12";
(b) in paragraph (b) by deleting "brought --" and
subparagraphs (i) and (ii) and inserting instead --
"
brought, to take over the appeal from that
10 person whether as appellant or respondent.
".
6. Section 19 amended
Section 19(1) is amended by deleting ", 12".
7. Section 23 amended
15 Section 23(2) is repealed and the following subsection is
inserted instead --
"
(2) A direction under subsection (1) may at any time be
amended or revoked by the Director.
20 ".
page 3
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