CRIMINAL PROCEDURE ACT 2004 - SECT 182

CRIMINAL PROCEDURE ACT 2004 - SECT 182

182 .         Appointment of people to prosecute offences

        (1)         The Governor may appoint a person who is not otherwise authorised under this Act to do so, including an officer of another jurisdiction in Australia, to prosecute offences.

        (2)         Such an appointment may be made subject to any terms the Governor thinks fit including restrictions as to which offences or classes of offences it applies and as to the circumstances in which the power to prosecute may be exercised.

        (3)         The Governor’s power in subsection (1) may be exercised in relation to any offence and despite any enactment that limits who may commence or conduct a prosecution for the offence.

        (4)         Any such appointment must be in writing and must specify any such terms.

        (5)         In the absence of evidence to the contrary, a court must presume that a person appointed under subsection (1) is acting in accordance with any terms applicable to it.