Director of Public Prosecutions Act 1973
An Act to make provision with respect to the appointment, remuneration, conditions of service, and functions of a Director of Public Prosecutions
[Royal Assent 10 May 1973]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
1. Short title and commencement
(1) [Section 1 Subsection (1) amended by No. 42 of 1986, s. 5 ]This Act may be cited as the Director of Public Prosecutions Act 1973 .(2) This Act shall commence on a day to be fixed by proclamation.
[Section 2 Substituted by No. 42 of 1986, s. 6 ][Section 2 Amended by No. 46 of 1991, s. 4 and Sched. 2 ][Section 2 Amended by No. 68 of 1994, s. 3 and Sched. 1 ]In this Act, unless the contrary intention appears –[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999] accumulation scheme means the Tasmanian Accumulation Scheme established under the Public Sector Superannuation Reform Act 1999 ;[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999] [Section 2 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000][Section 2 Amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] complying superannuation scheme means a complying superannuation fund as provided by the law of the Commonwealth;[Section 2 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] contributory scheme means the superannuation arrangements provided by Part 5 of the Retirement Benefits Regulations 2005 ;Director means the person for the time being holding, or acting in, the office of Director of Public Prosecutions established by section 3 (1) ;[Section 2 Amended by No. 18 of 1999, s. 4, Applied:14 May 1999][Section 2 Amended by No. 18 of 1999, s. 4, Applied:14 May 1999] [Section 2 Amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] practitioner means an Australian legal practitioner;[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999] RBF Board means the Retirement Benefits Fund Board continued in existence under section 7 of the Retirement Benefits Act 1993 ;[Section 2 Amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] RSA means a Retirement Savings Account within the meaning of the Retirement Savings Accounts Act 1997 of the Commonwealth;[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999] Secretary means the Secretary of the Department;[Section 2 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] spouse includes the person with whom a person is, or was at the time of his or her death, in a significant relationship, within the meaning of the Relationships Act 2003 ;[Section 2 Amended by No. 91 of 1999, s. 5, Applied:15 Dec 1999] transfer day means the day specified in a notice under section 7(5) of the Public Sector Superannuation Reform Act 1999 ;[Section 2 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 2 Amended by No. 18 of 1999, s. 4, Applied:14 May 1999] [Section 2 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004]
3. Office of Director of Public Prosecutions
(1) [Section 3 Subsection (1) amended by No. 42 of 1986, s. 7 ]There shall be a Director of Public Prosecutions in and for the State.(2) [Section 3 Subsection (2) amended by No. 42 of 1986, s. 7 ]The Director is a Crown Law Officer for the purposes of the Criminal Code .
(1) [Section 4 Subsection (1) amended by No. 42 of 1986, s. 10 ]The Governor may appoint a person as Director.(2) [Section 4 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 4 Subsection (2) substituted by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] A person is not eligible for appointment as Director unless he or she is an Australian lawyer of not less than 7 years' standing as a practitioner.(3) [Section 4 Subsection (3) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 4 Subsection (3) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 4 Subsection (3) amended by No. 46 of 1991, s. 4 and Sched. 2 ]The State Service Act 2000 does not apply to the office of Director of Public Prosecutions or to a person holding that office.
5. Tenure of office and terms and conditions of appointment of Director
(1) [Section 5 Subsection (1) amended by No. 42 of 1986, s. 10 ]Subject to this Act, a person appointed as Director holds office during good behaviour on such terms and conditions as the Governor determines.(2) [Section 5 Subsection (2) amended by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005] [Section 5 Subsection (2) amended by No. 42 of 1986, s. 10 ]A person is not eligible to be appointed, or to hold office, as Director after he has attained the age of 72 years.
[Section 5A Inserted by No. 45 of 1996, s. 4 ](1) For the period 26 June 1995 to 30 September 1996, both days inclusive, the Director is to be paid a salary at the rate of 90% of the salary payable to a puisne judge of the Supreme Court of Tasmania for the same period.(2) After 30 September 1996, the Director is to be paid a salary equivalent to the salary payable to a puisne judge of the Supreme Court of Tasmania.(2A) [Section 5A Subsection (2A) inserted by No. 91 of 1999, s. 6, Applied:15 Dec 1999] [Section 5A Subsection (2A) substituted by No. 52 of 2002, s. 20, Applied:27 Nov 2002] Notwithstanding subsection (2) , the Director may elect, in writing to the Secretary, at any time but not more than once in a period of one year, that the salary determined in accordance with subsection (2) may be provided –(a) in part by the payment of salary to the Director; and(b) [Section 5A Subsection (2A) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] in part by the payment of employer superannuation contributions to an RSA or a complying superannuation scheme, which may include the accumulation scheme.(2B) [Section 5A Subsection (2B) inserted by No. 91 of 1999, s. 6, Applied:15 Dec 1999] If the Director elects to sacrifice some or all of his or her salary under subsection (2A) –(a) the election has effect from the date of the election or from a later date specified in the election for that purpose; and(b) the Director is taken, for any purpose related to superannuation, to have received the salary determined in accordance with subsection (2) , notwithstanding the salary sacrifice.(3) The Director is entitled to be paid out of the Consolidated Fund.(4) The Consolidated Fund is appropriated to the extent necessary for the purposes of subsection (3) .
(1) [Section 6 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 6 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 6 Subsection (1) amended by No. 42 of 1986, s. 10 ][Section 6 Subsection (1) amended by No. 45 of 1996, s. 4 ]In addition to the salary prescribed in this Act, the Director is entitled to be paid such travelling allowances and other allowances as the Governor determines, and, until the Governor makes a determination under this subsection, is entitled to be paid the same travelling allowances and other allowances as are applicable to the Head of a State Service Agency.(2) [Section 6 Subsection (2) amended by No. 42 of 1986, s. 10 ]An allowance that is payable to the Director by virtue of subsection (1) is payable out of the Consolidated Revenue (which, to the necessary extent, is appropriated accordingly).(3) [Section 6 Subsection (3) amended by No. 28 of 2011, s. 14, Applied:31 Oct 2011] [Section 6 Subsection (3) inserted by No. 45 of 1996, s. 4 ]The Director is a worker for the purposes of the Workers Rehabilitation and Compensation Act 1988 and the Asbestos-Related Diseases (Occupational Exposure) Compensation Act 2011 .
(1) [Section 7 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 7 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 7 Subsection (1) amended by No. 42 of 1986, s. 10 ]The Director is entitled to the same leave of absence for recreation or on account of sickness as if he were a State Service officer or State Service employee.(2) [Section 7 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 7 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The Director is an employee for the purposes of the Long Service Leave (State Employees) Act 1994 .
8. Pension rights for former Director, &c.
(1) [Section 8 Subsection (1) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] [Section 8 Subsection (1) amended by No. 42 of 1986, s. 10 ][Section 8 Subsection (1) substituted by No. 91 of 1999, s. 7, Applied:15 Dec 1999] This section applies only to the person who was the Director on 1 July 1999.(1A) [Section 8 Subsection (1A) inserted by No. 91 of 1999, s. 7, Applied:15 Dec 1999] Subject to this section, the Judges' Contributory Pensions Act 1968 applies to the Director and, if he predeceases his spouse, his widow as if he were, or had been, a judge to whom that Act applies and as if his service as Director were service as such a judge.(2) [Section 8 Subsection (2) amended by No. 91 of 1999, s. 7, Applied:15 Dec 1999] [Section 8 Subsection (2) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] [Section 8 Subsection (2) amended by No. 51 of 1985, s. 4 and Sched. 2 ][Section 8 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 8 Subsection (2) amended by No. 35 of 1989, s. 4 ]In its application to the Director and to his widow–(a) . . . . . . . .(b) [Section 8 Subsection (2) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] subsection (2) of section 5 of the Judges' Contributory Pensions Act 1968 has effect as if the reference therein to the appropriate judicial salary were a reference to the salary payable to the Director at the time of his or her retirement or death; and(c) section 7 of that Act has effect as if subsection (3) were omitted and the following subsection were substituted:(3) In this section, a reference to the appropriate judicial salary, in relation to a pension payable in respect of contributions paid by a person who, immediately before that person became entitled to a pension under this Act or at that person's death, was the Director of Public Prosecutions, is a reference to the salary for the time being required by law to be paid to the Director of Public Prosecutions.(3) [Section 8 Subsection (3) amended by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 8 Subsection (3) amended by No. 42 of 1986, s. 10 ][Section 8 Subsection (3) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] [Section 8 Subsection (3) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] [Section 8 Subsection (3) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] [Section 8 Subsection (3) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] [Section 8 Subsection (3) amended by No. 18 of 1999, s. 5, Applied:14 May 1999] [Section 8 Subsection (3) substituted by No. 91 of 1999, s. 7, Applied:15 Dec 1999] The application of sections 10A, 10B, 10C and 10D of the Judges' Contributory Pensions Act 1968 extends to the commutation of a pension payable under this Act by the Director or, if he predeceases his spouse, his widow, as if references in those sections to a person to whom that Act applies were read as references to the Director.(4) [Section 8 Subsection (4) amended by No. 29 of 1984, Sched. 1 ][Section 8 Subsection (4) substituted by No. 46 of 1991, s. 4 and Sched. 3 ][Section 8 Subsection (4) omitted by No. 91 of 1999, s. 7, Applied:15 Dec 1999] . . . . . . . .
8A. Superannuation entitlements of Director appointed after 1 July 1999
[Section 8A Inserted by No. 91 of 1999, s. 8, Applied:15 Dec 1999](1) This section applies –(a) [Section 8A Subsection (1) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] in respect of a person appointed as Director after 1 July 1999 who was not, immediately before his or her appointment, a contributor to the contributory scheme; and(b) to a person who makes an election under section 13(2) .(2) Where a person is appointed as Director after 1 July 1999 and before the transfer day –(a) [Section 8A Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] he or she is not eligible to become a member of the contributory scheme; and(b) [Section 8A Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] references to an employee in the Public Sector Superannuation Reform Act 1999 are to be read as including references to the Director; and(c) [Section 8A Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] . . . . . . . .(d) [Section 8A Subsection (2) amended by No. 6 of 2013, s. 4, Applied:13 May 2013] the rate of employer superannuation contributions made in respect of the Director to the accumulation scheme, RSA or another complying superannuation scheme is to be calculated –(i) by reference to the Director's salary determined in accordance with section 5A(2) ; and(ii) by reference to the definition of salary under section 3AA of the Public Sector Superannuation Reform Act 1999 ; and(iii) in accordance with the "charge percentage" prescribed under the Superannuation Guarantee (Administration) Act 1992 of the Commonwealth, as amended from time to time; and(e) [Section 8A Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] all such contributions are to be paid into an RSA, or a complying superannuation scheme, nominated by the Director in accordance with subsection (4) or, if no such nomination is made, into the accumulation scheme.(3) Where a person is appointed as Director on or after the transfer day –(a) [Section 8A Subsection (3) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] he or she is not eligible to become a member of the contributory scheme; and(b) subject to subsection (4) , he or she is to be a member of the accumulation scheme; and(c) references to an employee in the Public Sector Superannuation Reform Act 1999 are to be read as including references to the Director; and(d) [Section 8A Subsection (3) amended by No. 6 of 2013, s. 4, Applied:13 May 2013] the rate of employer superannuation contributions made in respect of the Director to the accumulation scheme, RSA or another complying superannuation scheme is to be calculated in accordance with subsection (2)(d) .(4) [Section 8A Subsection (4) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8A Subsection (4) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] The Director may elect, either before or after commencing the duties of that office, to become a member of an RSA or a complying superannuation scheme that is not the accumulation scheme.(4A) [Section 8A Subsection (4A) inserted by No. 103 of 2000, Sched. 1, Applied:13 Dec 2000] [Section 8A Subsection (4A) omitted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] . . . . . . . .(5) [Section 8A Subsection (5) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8A Subsection (5) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 8A Subsection (5) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] If the Director has become a member of an RSA or a complying superannuation scheme that is not the accumulation scheme, he or she may may elect at any time while holding office as such to become a member of the accumulation scheme instead.(6) [Section 8A Subsection (6) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] Where the Director elects to become a member of a complying superannuation scheme that is not the accumulation scheme, the Secretary must, on being satisfied after making reasonable inquiries that the nominated scheme is a complying superannuation scheme, make contributions –(a) [Section 8A Subsection (6) amended by No. 6 of 2013, s. 4, Applied:13 May 2013] in accordance with subsection (2)(d) ; and(b) in the manner required by the rules of that scheme and the requirements of the law of the Commonwealth.(6A) [Section 8A Subsection (6A) amended by No. 6 of 2013, s. 4, Applied:13 May 2013] [Section 8A Subsection (6A) inserted by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] Where the Director elects to become a member of an RSA, the Secretary must make contributions to that RSA in accordance with subsection (2)(d) .(7) An election under this section is to be made in writing to the Secretary.
8B. Voluntary contributions and spouse contributions
[Section 8B Amended by No. 60 of 2009, s. 5, Applied:01 Oct 2010] [Section 8B Inserted by No. 91 of 1999, s. 8, Applied:15 Dec 1999] The Director may elect, in writing to the RBF Board, to make voluntary contributions or spouse contributions to the accumulation scheme.
8C. Lump sum benefit may be taken as allocated pension
[Section 8C Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] [Section 8C Inserted by No. 91 of 1999, s. 8, Applied:15 Dec 1999] Where the Director or his or her spouse is in receipt of a lump sum benefit, he or she may elect to transfer all or part of that benefit to the accumulation scheme or an allocated pension account established by the regulations under the Retirement Benefits Act 1993 .
9. Resignation or retirement of Director
(1) [Section 9 Subsection (1) amended by No. 42 of 1986, s. 10 ]The Director may resign his office by writing signed by him and delivered to the Governor.(2) [Section 9 Subsection (2) amended by No. 17 of 2005, Sched. 1, Applied:10 Jun 2005] [Section 9 Subsection (2) amended by No. 42 of 1986, s. 10 ]The Director shall retire from office on the day on which he attains the age of 72 years, and on that day the office of Director becomes vacant.
10. Removal of Director from office
[Section 10 Amended by No. 42 of 1986, s. 10 ]The Governor may remove the Director from office if the Director –(a) except by reason of temporary illness, becomes incapable of performing the duties of his office;(b) is guilty of misbehaviour; or(c) becomes bankrupt, or applies to take or takes advantage of a law relating to bankrupt or insolvent debtors, or compounds with his creditors, or makes an assignment of any part of his estate for their benefit.
11. Director not to engage in private practice, &c.
(1) [Section 11 Subsection (1) amended by No. 42 of 1986, s. 10 ]Subject to this section, the Director shall not engage in the practice of his profession or in any other employment except in the performance of the functions of his office.(2) [Section 11 Subsection (2) amended by No. 42 of 1986, s. 10 ] Subsection (1) does not preclude the Director from –(a) holding an office that, by or under an enactment, is to be or may be held by the holder of the office of Director; or(b) holding an office or engaging in employment where he is expressly authorized by the Attorney-General, in writing, to do so.
(1) [Section 12 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 12 Subsection (1) amended by No. 51 of 1985, s. 4 and Sched. 2, Pt. 2 ][Section 12 Subsection (1) amended by No. 42 of 1986, s. 8 and s. 10 ][Section 12 Subsection (1) amended by No. 35 of 1989, s. 5 ]The functions of the Director are –(a) where he considers it desirable to do so –(i) to institute and undertake, on behalf of the Crown, criminal proceedings against a person in respect of a crime or an offence alleged to have been committed by that person; and(ii) subject to subsection (2) , to take over and continue any such proceedings that have been instituted or undertaken by another person; and(iii) subject to subsection (2) , to discontinue at any stage any such proceedings that have been instituted or undertaken by the Director or by another person; and(b) to give advice and assistance to –in respect of the conduct of any criminal proceedings in the conduct of which that person is concerned; and(i) a prescribed person; or(ii) a person to whom, in a particular case, the Attorney-General may direct or request the Director to give advice and assistance –(c) [Section 12 Subsection (1) amended by No. 66 of 2007, Sched. 1, Applied:31 Dec 2008] on behalf of the Crown or any other person, to have the conduct, as practitioner, of any proceedings (other than proceedings to which paragraph (a) or paragraph (b) of this subsection relates) when so directed or requested by the Attorney-General; and(d) [Section 12 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] to instruct, and supervise the work of, counsel and State Service officers and State Service employees and other persons whose services are provided or procured for the conduct of any proceedings or otherwise for assisting the Director in the performance of his functions; and(e) to act as counsel for the Crown in right of the State or for any other person for whom the Attorney-General directs or requests the Director to act; and(f) to carry out such other functions ordinarily performed by a practitioner as the Attorney-General directs or requests.(2) [Section 12 Subsection (2) amended by No. 42 of 1986, s. 10 ]The Director may not take over, continue, or discontinue proceedings that have been instituted or undertaken by the Attorney-General or the Solicitor-General except with the approval of the Attorney-General or of the Solicitor-General, as the case requires.(3) [Section 12 Subsection (3) amended by No. 42 of 1986, s. 10 ]Subject to subsection (4) , in the event of a vacancy occurring in the office of Director or of the illness or absence from office of the Director, his functions shall be performed by the Solicitor-General.(4) [Section 12 Subsection (4) amended by No. 42 of 1986, s. 10 ]Notwithstanding subsection (3) , if, by reason of the office of Solicitor-General being vacant or of the illness or absence from office or from the State of the Solicitor-General, it is not practicable for the functions of the Director to be performed by the Solicitor-General, the Governor may appoint a person who is eligible for appointment as Director to act as Director and may at any time revoke the appointment.(5) [Section 12 Subsection (5) amended by No. 42 of 1986, s. 10 ]Subject to this Act, a person so appointed holds office, on such terms and conditions as the Governor determines, until –whichever first happens.(a) his appointment is revoked; or(b) a person is appointed as Director under section 4 or the person holding office as Director ceases to be ill or absent –
13. Rights of State servant appointed as Director
(1) [Section 13 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 13 Subsection (1) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 13 Subsection (1) amended by No. 42 of 1986, s. 10 ]Where a person who is appointed as Director was, immediately before his appointment, a State Service officer or State Service employee–(a) he retains all his existing and accruing rights; and(b) [Section 13 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] for the purpose of determining those rights, his service as Director shall be taken into account as if it were service as a State Service officer or State Service employee.(2) [Section 13 Subsection (2) amended by No. 65 of 2005, Sched. 1, Applied:15 Dec 2005] [Section 13 Subsection (2) amended by No. 10 of 1982, s. 95 and Sched. 8 ][Section 13 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 13 Subsection (2) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 13 Subsection (2) substituted by No. 91 of 1999, s. 9, Applied:15 Dec 1999] Where a person to whom this section applies is appointed as Director and was, immediately before his or her appointment, a contributor to the contributory scheme, that person remains a member of that scheme unless he or she elects, in writing to the Secretary, within one month after his or her appointment, to be subject to section 8A of this Act.(3) [Section 13 Subsection (3) amended by No. 10 of 1982, s. 95 and Sched. 8 ][Section 13 Subsection (3) amended by No. 42 of 1986, s. 10 ][Section 13 Subsection (3) amended by No. 68 of 1994, s. 3 and Sched. 1 ][Section 13 Subsection (3) omitted by No. 91 of 1999, s. 9, Applied:15 Dec 1999] . . . . . . . .
[Section 14 Substituted by No. 29 of 1984, s. 3 and Sched. 1 ](1) [Section 14 Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 14 Subsection (1) amended by No. 42 of 1986, s. 10 ]Subject to and in accordance with the State Service Act 2000 , such persons may be appointed or employed as may be necessary to enable the Director to perform his functions under this Act.(2) [Section 14 Subsection (2) amended by No. 42 of 1986, s. 10 ][Section 14 Subsection (2) amended by No. 5 of 1990, s. 3 and Sched. 1 ]On being requested by the Director to do so, the Secretary of the Department may –as may reasonably be necessary for the purposes of assisting the Director in the performance of his functions.(a) provide such persons employed in that Department; or(b) procure the services of such other persons –
(1) [Section 15 Subsection (1) amended by No. 42 of 1986, s. 10 ]The Director shall, within 3 months after 30th June in each year, prepare and submit to the Attorney-General a report on the performance by the Director of his functions under this Act during the period of 12 months ended on that day.(2) The Attorney-General shall cause a copy of a report under this section to be laid on the table of each House of Parliament within the first 10 sitting days of the House after he receives the report.
(1) The Governor may make regulations for the purposes of this Act.(2) [Section 16 Subsection (2) amended by No. 42 of 1986, s. 10 ]Without prejudice to the generality of subsection (1) , the regulations may make provision for or with respect to –(a) the manner in which the advice and assistance of the Director may be sought or given;(b) the circumstances in which any police officer or other prescribed person may be required to –(i) give to the Director information concerning the commission of a prescribed crime or prescribed offence; and(ii) report to the Director the fact of a prosecution for a crime or an offence having been withdrawn or not proceeded with within a reasonable time and the circumstances in which it was so withdrawn or not proceeded with; and(c) the sending by the clerk of a court to the Director of a report with respect to proceedings for a crime or an offence instituted in the court, and the nature of the information or documents to be supplied to the Director in relation to such a report.
17. Immunity from personal liability
[Section 17 Repealed by No. 42 of 1986, s. 9 ](1) No personal liability attaches to the Director or a person assisting the Director under this Act for an act done or omitted to be done in good faith in the performance or exercise, or the purported performance or exercise, of any function, power or duty under this Act.(2) A liability that would, but for subsection (1) , lie against the Director or a person assisting the Director, lies instead against the Crown.
18. References in other Acts to Crown Advocate
[Section 18 Inserted by No. 17 of 1996 ]A reference in an Act or instrument to the Crown Advocate, in relation to any act required or permitted to be done, or any consent, approval, or permission required or permitted to be given, after the commencement of the Crown Advocate Amendment Act 1986 , is to be read as a reference to the Director of Public Prosecutions.
19. Non-application of amendments to section 8
[Section 19 Inserted by No. 17 of 1996 ]The amendment to section 8 made by section 4(1) of the Director of Public Prosecutions Amendment Act 1989 does not apply to a person appointed to or holding the office of Director of Public Prosecutions before the commencement of that Act and subsection (2) (a) of section 8 as in force immediately before that commencement continues to apply to such a person.
20. Transitional superannuation provision
[Section 20 Inserted by No. 91 of 1999, s. 10, Applied:15 Dec 1999](1) Where a person was appointed as Director after 1 July 1999 and before the commencement of the Superannuation (Parliament, Judiciary and Statutory Legal Officers) Reform Act 1999 , the amounts specified in subsection (4) are to be transferred to a complying superannuation scheme nominated by the Director, which may include an investment account established by the regulations under the Retirement Benefits Act 1993 .(2) The Director may make a nomination under subsection (1) to the Treasurer within one month after the commencement of the Superannuation (Parliament, Judiciary and Statutory Legal Officers) Reform Act 1999 but, if no such nomination is made in that period, the Director is taken to have elected to transfer the amounts specified in subsection (4) to an investment account established by the regulations under the Retirement Benefits Act 1993 .(3) The investment account referred to in subsection (2) is to be an account determined by the RBF Board.(4) The amounts to be transferred under this section are as follows:(a) all contributions made by the Director under the Judges' Contributory Pensions Act 1968 , together with interest on those contributions at a rate determined by the Treasurer;(b) with respect to the period from the commencement of his or her duties until the date on which the amount is transferred in accordance with subsection (2) , an amount equal to 9% of the salary of the Director determined in accordance with section 5A(2) of this Act, together with interest on that amount at a rate determined by the Treasurer.(5) The amount specified in subsection (4)(a) is to be transferred from the Judges' Pension Fund established under section 9 of the Judges' Contributory Pensions Act 1968 and the amount specified in subsection (4)(b) is to be transferred from the Consolidated Fund which, to the necessary extent, is appropriated accordingly.