DIRECTOR OF PUBLIC PROSECUTIONS (CONSEQUENTIAL AMENDMENTS) ACT 1983 No. 114, 1983
Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - TABLE OF PROVISIONS
TABLE OF PROVISIONS PART I-PRELIMINARY Section 1. Short title 2. Commencement PART II-AMENDMENT OF AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933 3. Principal Act 4. Indictable offences PART III-AMENDMENT OF COMMONWEALTH PLACES (APPLICATION OF LAWS) ACT 1970 5. Principal Act 6. Schedule PART IV-AMENDMENTS OF CRIMES ACT 1914 7. Principal Act 8. Power to discharge or vary conditions of recognizance 9. Taking other offences into account PART V-AMENDMENT OF CRIMES (AIRCRAFT) ACT 1963 10. Principal Act 11. Change of venue PART VI-AMENDMENT OF CRIMES (HIJACKING OF AIRCRAFT) ACT 1972 12. Principal Act 13. Change of venue PART VII-AMENDMENT OF CRIMES (PROTECTION OF AIRCRAFT) ACT 1973 14. Principal Act 15. Change of venue PART VIII-AMENDMENT OF DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946 16. Principal Act 17. Trial of offences PART IX-AMENDMENT OF GENEVA CONVENTIONS ACT 1957 18. Principal Act 19. Punishment of grave breaches of Conventions PART X-AMENDMENTS OF JUDICIARY ACT 1903 20. Principal Act 21. Indictments 22. Discharge of persons committed for trial PART XI-AMENDMENT OF PUBLIC ACCOUNTS COMMITTEE ACT 1951 23. Principal Act 24. Offences PART XII-AMENDMENTS OF PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) ACT 1971 25. Principal Act 26. Additional offences on premises in a Territory 27. Prosecutions PART XIII-AMENDMENTS OF ROYAL COMMISSIONS ACT 1902 28. Principal Act 29. Power of Commission in relation to documents and other things 30. Commission may communicate information 31. Institution of proceedings in respect of other offences PART XIV-AMENDMENT OF SPECIAL PROSECUTORS ACT 1982 32. Principal Act 33. Powers of Special Prosecutor PART XV-AMENDMENT OF TELECOMMUNICATIONS (INTERCEPTION) ACT 1979 34. Principal Act 35. Telecommunications not to be intercepted Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 1. Short title.
An Act to amend certain Acts in consequence of the enactment of the Director of Public Prosecutions Act 1983 (Assented to 14 December 1983) PART I-PRELIMINARY Short title 1. This Act may be cited as the Director of Public Prosecutions (Consequential Amendments) Act 1983. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 2. Commencement
2. (1) Subject to this section, this Act shall come into operation, or shall
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be deemed to have come into operation, as the case requires, on the day on which the Director of Public Prosecutions Act 1983 comes into operation. (2) If Part XXII of the Statute Law (Miscellaneous Amendments) Act (No. 2) 1982 does not come into operation before the commencement of the Director of Public Prosecutions Act 1983, sub-section 8 (1) of this Act shall come into operation, or shall be deemed to have come into operation, as the case requires, immediately after the commencement of that Part. (3) If section 8 of the Crimes Amendment Act 1982 does not come into operation before the commencement of the Director of Public Prosecutions Act 1983, sub-section 8 (2) of this Act shall come into operation, or shall be deemed to have come into operation, as the case requires, immediately after the commencement of the first-mentioned section. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 3. Principal Act
PART II-AMENDMENT OF AUSTRALIAN CAPITAL TERRITORY SUPREME COURT ACT 1933 3. The Australian Capital Territory Supreme Court Act 1933*1* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 4. Indictable offences
4. Section 53 of the Principal Act is amended- (a) by inserting after sub-section (3) the following sub-section: ''(3A) Nothing in sub-section (1)- (a) affects the power of the Director of Public Prosecutions to prosecute by information in his official name; or (b) affects, or shall be taken to have affected, the power of a Special Prosecutor to prosecute by information in his own name, an indictable offence triable before the Supreme Court.''; and (b) by adding at the end thereof the following sub-section: ''(7) Nothing in sub-section (6)- (a) affects the power under sub-section 9 (4) of the Director of Public Prosecutions Act 1983 of the Director of Public Prosecutions; or (b) affects, or shall be taken to have affected, the power under sub-section 8 (2) of the Special Prosecutors Act 1982 of a Special Prosecutor.''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 5. Principal Act
PART III-AMENDMENT OF COMMONWEALTH PLACES (APPLICATION OF LAWS) ACT 1970 5. The Commonwealth Places (Application of Laws) Act 1970*2* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 6. Schedule
6. The Schedule to the Principal Act is amended by adding at the end thereof the following clause: ''3. Paragraphs 6 (1) (a) to (f), sub-sections 9 (1), (3), (4) and (5) and section 11 of the Director of Public Prosecutions Act 1983.''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 7. Principal Act
PART IV-AMENDMENTS OF CRIMES ACT 1914 7. The Crimes Act 1914*3* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 8. Power to discharge or vary conditions of recognizance
8. (1) Section 20AA of the Principal Act is amended by omitting from sub-section (6) ''Crown Solicitor, or the Deputy Crown Solicitor in the State or Territory in which the application is made'' and substituting ''Director of Public Prosecutions or, if the Director of Public Prosecutions has not established an office in the State or Territory in which the application is
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made, on the Deputy Crown Solicitor in that State or Territory''. (2) Section 20AA of the Principal Act is amended by inserting in sub-section (12) '', the Director of Public Prosecutions'' after ''Attorney-General''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 9. Taking other offences into account
9. Section 21AA of the Principal Act is amended by omitting paragraph (1) (c) and substituting the following paragraph: ''(c) the document has been signed- (i) by the Director of Public Prosecutions; (ii) for and on behalf of the Director of Public Prosecutions, by a person authorized by the Director of Public Prosecutions, by instrument in writing, to sign documents under this sub-section; or (iii) by a person appointed under section 69 of the Judiciary Act 1903 to prosecute indictable offences against the laws of the Commonwealth, and by the person convicted;''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 10. Principal Act
PART V-AMENDMENT OF CRIMES (AIRCRAFT) ACT 1963 10. The Crimes (Aircraft) Act 1963*4* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 11. Change of venue
11. Section 24 of the Principal Act is amended- (a) by inserting in sub-section (3) ''or the Director of Public Prosecutions'' after ''Attorney-General''; (b) by inserting in sub-section (4) ''or the Director of Public Prosecutions'' after ''Attorney-General''; and (c) by omitting paragraph (5) (a) and substituting the following paragraphs: ''(a) at the time at which the defendant is to appear before a court, neither the Attorney-General nor the Director of Public Prosecutions has notified that court that he does not intend to file an indictment against the defendant in a court in another part of Australia; (aa) neither the Attorney-General nor the Director of Public Prosecutions notifies the first-mentioned court before or at that time that he has filed such an indictment; and''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 12. Principal Act
PART VI-AMENDMENT OF CRIMES (HIJACKING OF AIRCRAFT) ACT 1972 12. The Crimes (Hijacking of Aircraft) Act 1972*5* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 13. Change of venue
13. Section 22 of the Principal Act is amended- (a) by inserting in sub-section (3) ''or the Director of Public Prosecutions'' after ''Attorney-General''; (b) by inserting in sub-section (4) ''or the Director of Public Prosecutions'' after ''Attorney-General''; and (c) by omitting paragraph (5) (a) and substituting the following paragraphs: ''(a) at the time at which the defendant is to appear before a court, neither the Attorney-General nor the Director of Public Prosecutions has notified that court that he does not intend to file an indictment against the defendant in a court in another part of Australia; (aa) neither the Attorney-General nor the Director of Public
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Prosecutions notifies the first-mentioned court before or at that time that he has filed such an indictment; and''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 14. Principal Act
PART VII-AMENDMENT OF CRIMES (PROTECTION OF AIRCRAFT) ACT 1973 14. The Crimes (Protection of Aircraft) Act 1973*6* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 15. Change of venue
15. Section 19 of the Principal Act is amended- (a) by inserting in sub-section (3) ''or the Director of Public Prosecutions'' after ''Attorney-General''; (b) by inserting in sub-section (4) ''or the Director of Public Prosecutions'' after ''Attorney-General''; and (c) by omitting paragraph (5) (a) and substituting the following paragraphs: ''(a) at the time at which the defendant is to appear before a court, neither the Attorney-General nor the Director of Public Prosecutions has notified that court that he does not intend to file an indictment against the defendant in a court in another part of Australia; (aa) neither the Attorney-General nor the Director of Public Prosecutions notifies the first-mentioned court before or at that time that he has filed such an indictment; and''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 16. Principal Act
PART VIII-AMENDMENT OF DEFENCE (TRANSITIONAL PROVISIONS) ACT 1946 16. The Defence (Transitional Provisions) Act 1946*7* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 17. Trial of offences
17. Section 15 of the Principal Act is amended by omitting sub-section (4) and substituting the following sub-section: ''(4) An offence against this Act shall not be prosecuted summarily without the written consent of the Attorney-General, of a person thereto authorized in writing by the Attorney-General or of the Director of Public Prosecutions, and an offence against this Act shall not be prosecuted on indictment except in the name of the Attorney-General or of the Director of Public Prosecutions.''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 18. Principal Act
PART IX-AMENDMENT OF GENEVA CONVENTIONS ACT 1957 18. The Geneva Conventions Act 1957*8* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 19. Punishment of grave breaches of Conventions
19. Section 7 of the Principal Act is amended by omitting sub-section (6) and substituting the following sub-section: ''(6) An offence against this section shall not be prosecuted in a court except by indictment in the name of the Attorney-General or of the Director of Public Prosecutions.''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 20. Principal Act
PART X-AMENDMENTS OF JUDICIARY ACT 1903 20. The Judiciary Act 1903*9* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 21. Indictments

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21. Section 69 of the Principal Act is amended by inserting after sub-section (2) the following sub-section: ''(2A) Nothing in sub-section (1)- (a) affects the power of the Director of Public Prosecutions to prosecute by indictment in his official name; or (b) affects, or shall be taken to have affected, the power of a Special Prosecutor to prosecute by indictment in his own name, indictable offences against the laws of the Commonwealth.''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 22. Discharge of persons committed for trial
22. Section 71 of the Principal Act is amended by adding at the end thereof the following sub-section: ''(2) Nothing in sub-section (1)- (a) affects the power under sub-section 9 (4) of the Director of Public Prosecutions Act 1983 of the Director of Public Prosecutions; or (b) affects, or shall be taken to have affected, the power under sub-section 8 (2) of the Special Prosecutors Act 1982 of a Special Prosecutor.''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 23. Principal Act
PART XI-AMENDMENT OF PUBLIC ACCOUNTS COMMITTEE ACT 1951 23. The Public Accounts Committee Act 1951*1**0* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 24. Offences
24. Section 21 of the Principal Act is amended by omitting sub-section (4) and substituting the following sub-section: ''(4) An offence against this Act shall not be prosecuted summarily without the written consent of the Attorney-General, of a person thereto authorized in writing by the Attorney-General or of the Director of Public Prosecutions, and an offence against this Act shall not be prosecuted on indictment except in the name of the Attorney-General or of the Director of Public Prosecutions.''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 25. Principal Act
PART XII-AMENDMENTS OF PUBLIC ORDER (PROTECTION OF PERSONS AND PROPERTY) ACT 1971 25. The Public Order (Protection of Persons and Property) Act 1971 *1**1* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 26. Additional offences on premises in a Territory
26. Section 11 of the Principal Act is amended by omitting sub-section (3) and substituting the following sub-section: ''(3) Notwithstanding section 23, the consent of the Director of Public Prosecutions is not required for the institution of proceedings for the prosecution of an offence against this section.''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 27. Prosecutions
27. (1) Section 23 of the Principal Act is amended by omitting from sub-section (2) all the words after ''writing'' and substituting ''of the Director of Public Prosecutions''. (2) Notwithstanding the amendment of section 23 of the Principal Act made by sub-section (1) of this section, where a consent to the institution of proceedings has been given in accordance with that section as in force before the commencement of this section, the proceedings may be instituted after that commencement as if that amendment had not been made. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 28. Principal Act
PART XIII-AMENDMENTS OF ROYAL COMMISSIONS ACT 1902
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28. The Royal Commissions Act 1902*1**2* is in this Part referred to as the Principal Act. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 29. Power of Commission in relation to documents and other things
29. Section 6F of the Principal Act is amended by inserting in sub-section (2) ''(aa),'' after ''(a),''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 30. Commission may communicate information
30. Section 6P of the Principal Act is amended by inserting after paragraph (1) (a) the following paragraph: ''(aa) the Director of Public Prosecutions;''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 31. Institution of proceedings in respect of other offences
31. Section 10 of the Principal Act is amended by omitting from sub-section (1) ''in the name of the King'' and substituting ''or the Director of Public Prosecutions''. Director of Public Prosecutions (Consequential Amendments) Act 1983 No. 114 of 1983 - SECT. 32. Principal Act
PART XIV-AMENDMENT OF SPECIAL PROSECUTORS ACT 1982 32. The Special Prosecutors Act 1982*1**3* is in this Part referred to as the Principal Act.