39.     Prosecution of offences

            (1) If, after an investigation of any person under this Act, it appears to the Director-General that an offence under Part IV has been committed by that person, the Director-General shall refer the matter to the Director of Public Prosecutions for his or her decision.

            (2) No prosecution for an offence under Part IV shall be instituted except by or with the written consent of the Director of Public Prosecutions.