DIRECTOR OF PUBLIC PROSECUTIONS ACT 1990

Note In order to give effect to the Cross-border Justice Act, this law must be applied with the modifications mentioned in section 13 of the Cross-border Justice Act 2009 as if this law had been altered in that way. For modifications of this law prescribed by regulation, see Part 3, Division 5 of the Cross-border Justice Regulations 2009. NORTHERN TERRITORY OF AUSTRALIA DIRECTOR OF PUBLIC PROSECUTIONS ACT 1990 As in force at 1 June 2023 Table of provisions Part 1 Preliminary matters 1 Short title ......................................................................................... 1 2 Commencement .............................................................................. 1 3 Definitions ........................................................................................ 1 Part 2 Director of Public Prosecutions Division 1 General matters 4 Director of Public Prosecutions........................................................ 2 5 Leave of absence ............................................................................ 2 6 Disclosure of interests ..................................................................... 3 7 Oath of office ................................................................................... 3 8 Resignation and removal from office ............................................... 3 9 Acting Director ................................................................................. 3 10 Deputy Director................................................................................ 4 Division 2 Long service leave and superannuation entitlements of Director 10A Meaning of ordinary remuneration ................................................... 4 10B Entitlement to long service leave ..................................................... 4 10C Grants of long service leave ............................................................ 5 10D Payment in lieu ................................................................................ 6 10E Superannuation contributions .......................................................... 6 Part 3 Functions of Director 11 General principles relating to functions............................................ 7 12 Prosecutions on indictment.............................................................. 7 -- 1 of 23 -- Director of Public Prosecutions Act 1990 ii 13 Summary prosecutions .................................................................... 7 14 Appeals............................................................................................ 8 15 Extradition........................................................................................ 8 16 Inquests ........................................................................................... 8 17 Enforcement of forfeiture order etc. ................................................. 8 18 Assistance to officers of other jurisdictions ...................................... 9 19 Related functions ............................................................................. 9 20 Further provisions as to taking over of matters ................................ 9 21 Powers of Director ......................................................................... 10 22 Appearance by Director ................................................................. 10 23 Director may request information................................................... 10 24 Director may limit powers of other officials .................................... 11 25 Director may issue guidelines ........................................................ 11 Part 4 Relationship with Attorney-General 26 General freedom from direction ..................................................... 12 27 Consultation................................................................................... 12 28 Directions by Attorney-General...................................................... 12 29 Consistency between Attorney-General and Director .................... 13 30 Information to be provided to Attorney-General ............................. 13 Part 5 Miscellaneous matters 32 Delegation ..................................................................................... 13 33 Annual report of Director ............................................................... 13 34 Director to be accountable officer .................................................. 14 35 Judicial notice ................................................................................ 14 36 Protection from liability .................................................................. 14 37 Regulations.................................................................................... 14 Part 6 Savings and transitional matters 38 Savings and transitional ................................................................ 15 39 Transitional .................................................................................... 15 Part 7 Transitional matters 40 Transitional matters for Justice Legislation Amendment Act 2019 ........................................................................................ 16 41 Transitional matters for Judicial and Other Officers' Entitlements Legislation Amendment Act 2023 ............................. 16 Schedule ENDNOTES -- 2 of 23 -- NORTHERN TERRITORY OF AUSTRALIA ____________________ As in force at 1 June 2023 ____________________ DIRECTOR OF PUBLIC PROSECUTIONS ACT 1990 An Act to provide for the appointment of a Director of Public Prosecutions, and for other purposes Part 1 Preliminary matters 1 Short title This Act may be cited as the Director of Public Prosecutions Act 1990. 2 Commencement This Act shall come into operation on a date to be fixed by the Administrator by notice in the Gazette. 3 Definitions In this Act: Deputy Director means a Deputy Director of Public Prosecutions appointed under section 10. Director means the Director of Public Prosecutions appointed under section 4 and includes an Acting Director appointed under section 9, while he or she is so acting. offence means an offence: (a) subject to paragraph (b), against a law in force in the Territory; or (b) against a law of the Commonwealth but limited to an offence to which particular proceedings relate where the Director is authorised to bring or conduct those proceedings. -- 3 of 23 -- Part 2 Director of Public Prosecutions Division 1 General matters Director of Public Prosecutions Act 1990 2 Part 2 Director of Public Prosecutions Division 1 General matters 4 Director of Public Prosecutions (1) The Administrator may, by instrument in writing, appoint a person who has: (a) not attained the age of 72 years; and (b) been a lawyer for at least 10 years; to hold the office of Director of Public Prosecutions for the period specified in the instrument of appointment or without limitation on the period of office. (2) Subject to this Act, the Director is entitled to the salary and allowances, and holds office on the terms and conditions, as the Administrator determines. Note for subsection (2) See Division 2 in relation to the Director's entitlements to long service leave and superannuation. (4) In order to exercise the Director's powers or perform the Director's functions, the Director is entitled to practice as a legal practitioner as if the Director were holding an unrestricted practising certificate issued under the Legal Profession Act 2007. (5) The Director must not, without the consent of the Attorney-General, engage in either of the following outside the duties of the office: (a) practice as a legal practitioner; or (b) paid employment. (9) Despite anything in the terms and conditions of appointment, a Director, by force of this subsection, retires from office on the day on which the Director attains the age of 72 years. 5 Leave of absence The Attorney-General may grant to the Director leave of absence from duty on such terms and conditions as to remuneration or otherwise as the Attorney-General thinks fit. -- 4 of 23 -- Part 2 Director of Public Prosecutions Division 1 General matters Director of Public Prosecutions Act 1990 3 6 Disclosure of interests The Director must, as soon as practicable after being appointed, and from time to time after acquiring them, give written notice to the Attorney-General of all direct or indirect pecuniary interests that the Director has or acquires in any business, whether in Australia or elsewhere, or in any body corporate carrying on such business. 7 Oath of office (1) The Director must not perform the duties of the Director's office unless the Director has taken an oath in relation to that office in accordance with the form of oath in the Schedule. (2) An oath under subsection (1) must be administered by a Supreme Court Judge. 8 Resignation and removal from office (1) The Director may resign office by writing signed by him or her and delivered to the Administrator. (2) The Administrator must remove the Director from office if, and only if, the Director: (a) except by reason of temporary illness, becomes incapable of performing the duties of his or her office; or (b) is guilty of misbehaviour; or (c) becomes bankrupt or insolvent, applies to take the benefit of a law for the relief of bankrupt or insolvent debtors, compounds with his or her creditors or makes an assignment of his or her remuneration for their benefit. 9 Acting Director (1) The Administrator may appoint an Acting Director of Public Prosecutions to act during the absence of the Director through illness or other cause or during any vacancy in the office of Director and may at any time revoke that appointment. (2) The Acting Director, while so acting: (a) has all the powers and duties, and may exercise any of the functions, of the Director; and (b) is entitled to be paid such: (i) remuneration; and -- 5 of 23 -- Part 2 Director of Public Prosecutions Division 2 Long service leave and superannuation entitlements of Director Director of Public Prosecutions Act 1990 4 (ii) travelling and other allowances; as the Administrator from time to time determines. 10 Deputy Director (1) The Director may appoint a member of the Director's staff to be a Deputy Director of Public Prosecutions. (2) Subject to the direction and control of the Director, a Deputy Director may exercise the powers and perform the functions of the Director. (3) A power exercised or functions performed under this section is taken to have been exercised or performed by the Director. Division 2 Long service leave and superannuation entitlements of Director 10A Meaning of ordinary remuneration (1) Subject to subsection (2), for this Division the Director's ordinary remuneration is the remuneration the Director is entitled to receive for service as the Director. (2) If the Director has worked in a part-time capacity at any time during a period of service to which an entitlement to long service leave relates, the Director's ordinary remuneration is to be determined on a pro rata basis, based on the hours for which the Director was remunerated during the period of service. 10B Entitlement to long service leave (1) The Director is entitled to 3 calendar months of long service leave after completing 10 years of service. (2) After completing 10 years of service, the Director is entitled to 9 calendar days of long service leave for each subsequent year of completed service. (3) The Director may accrue service in a full-time or part-time capacity or in a combination of those capacities. (4) The Director does not accrue service when the Director is: (a) on leave without pay; or (b) absent from work because of an injury for which the Director is receiving workers' compensation payments. -- 6 of 23 -- Part 2 Director of Public Prosecutions Division 2 Long service leave and superannuation entitlements of Director Director of Public Prosecutions Act 1990 5 10C Grants of long service leave (1) The Director may take long service leave with the approval of the Attorney-General. (2) The Director may, in respect of an entitlement to long service leave, be granted a period of long service leave that is: (a) equal to the period of the entitlement and paid the Director's ordinary remuneration during the period of leave; or (b) twice as long as the period of the entitlement and paid the Director's ordinary remuneration at half pay during the period of leave; or (c) at least half as long as the period of the entitlement and paid: (i) during the period of leave – the Director's ordinary remuneration; and (ii) in respect of the remainder of the entitlement – a lump sum that is equal to the Director's ordinary remuneration that would have been paid to the Director if the entitlement had been taken as leave. Example for subsection (2)(c) A Director entitled to 3 months of long service leave may elect to take 2 calendar months of long service leave and be paid a lump sum in lieu of taking the third month of the entitlement as long service leave. The Director is paid the Director's ordinary remuneration during the 2 month period of leave and a lump sum that is equal to the remuneration the Director would have been paid during a third month of long service leave. (3) During a period of leave mentioned in subsection (2)(b), the Director accrues service and service-based entitlements at half of the ordinary rate of accrual. Note for subsection (3) A service-based entitlement may include an entitlement to leave, including recreation or long service leave. (4) Long service leave may be granted in months and tenths of a month but may not be granted for a period of leave that is less than 7 days. (5) Weekends, public holidays and other days on which the Director would not have ordinarily been required to work are part of long service leave and do not extend the period of leave. (6) The Director may not be granted periods of long service leave that are separated by a Saturday, Sunday or public holiday. -- 7 of 23 -- Part 2 Director of Public Prosecutions Division 2 Long service leave and superannuation entitlements of Director Director of Public Prosecutions Act 1990 6 10D Payment in lieu (1) The Director is entitled to payment in lieu of long service leave on cessation of employment as follows: (a) if the Director has completed 10 or more years of service – payment in lieu of the Director's unused entitlement to long service leave at the date of cessation; (b) if the Director has completed a total of 9 years of service – payment for 67.5 calendar days of long service leave; (c) if the Director has completed a total of 8 years of service – payment for 45 calendar days of long service leave; (d) if the Director has completed a total of 7 years of service – payment for 22.5 calendar days of long service leave. (2) The Director is not entitled to payment in lieu under subsection (1)(b) to (d) if the Director is removed from office under section 8(2)(b). (3) If the Director dies, the Director's personal representative is entitled to be paid any amount that would have been payable to the Director under this section. (4) Payment of an entitlement under this section is to be based on the Director's ordinary remuneration. 10E Superannuation contributions (1) The Territory must, in respect of each quarter in a year, make a contribution for the benefit of the Director to a complying superannuation fund, complying superannuation scheme or an RSA that is equal to the minimum amount necessary to avoid an individual superannuation guarantee shortfall within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth). (2) The contributions must be made in compliance with the choice of fund requirements in Part 3A of the Superannuation Guarantee (Administration) Act 1992 (Cth). (3) In this section: complying superannuation fund, see section 7 of the Superannuation Guarantee (Administration) Act 1992 (Cth). complying superannuation scheme, see section 7 of the Superannuation Guarantee (Administration) Act 1992 (Cth). -- 8 of 23 -- Part 3 Functions of Director Director of Public Prosecutions Act 1990 7 quarter means a period of 3 months beginning on 1 January, 1 April, 1 July or 1 October. RSA, see section 8 of the Retirement Savings Accounts Act 1997 (Cth). Part 3 Functions of Director 11 General principles relating to functions (1) The functions of the Director: (a) are performed on behalf of the Crown but may be performed in the name of the office of the Director; and (b) do not affect any right that a person has to bring or conduct proceedings, unless the Director takes over those proceedings under this Part. (2) Where an aspect of the investigation and prosecution of an offence is the subject of a national co-operative scheme or of an inter-government arrangement, the Director must have regard to and seek to give effect to that scheme or arrangement, its objectives and the policies being pursued under it, in the performance of the functions of the Director. 12 Prosecutions on indictment (1) It is a function of the Director to bring and conduct prosecutions on indictment for offences. (2) The function mentioned in subsection (1) includes the bringing and conduct of committal proceedings or a preliminary hearing under the Local Court (Criminal Procedure) Act 1928 related to an offence. 13 Summary prosecutions It is a function of the Director: (a) to institute and conduct prosecutions, not on indictment, for indictable offences, including the summary hearing and determination of charges of indictable offences; and (b) to take over a prosecution, not on indictment, for an indictable offence brought by another person, including the summary hearing and determination of charges of an indictable offence; and -- 9 of 23 -- Part 3 Functions of Director Director of Public Prosecutions Act 1990 8 (c) to bring and conduct proceedings for summary offences; and (d) to take over and conduct any proceedings in respect of a summary offence. 14 Appeals It is a function of the Director: (a) to institute and conduct, or to conduct as respondent, any appeal or further appeal relating to a prosecution mentioned in section 12(1) or 13, or to request and conduct a reference under section 414 of the Criminal Code; and (b) where a prosecution has been brought by another person and an appeal or further appeal relating to that prosecution has been brought, to take over the appeal from that person, whether as appellant or respondent. 15 Extradition It is a function of the Director to take steps to secure the extradition to the Northern Territory of any person required to answer a charge of an offence, or to serve a sentence imposed, in the Northern Territory. 16 Inquests It is a function of the Director: (a) to participate in proceedings under the Coroners Act 1993; and (b) with the concurrence of a coroner, to assist the coroner; if the Director considers that in a particular case such participation or assistance is relevant to the performance of some other function of the Director and is justified by the circumstances of the case. 17 Enforcement of forfeiture order etc. Where the Director has conducted proceedings under the Criminal Property Forfeiture Act 2002 and as a result of the proceedings a person becomes liable to pay an amount to the Territory or property is forfeit to the Territory under a court order, it is a function of the Director to take any further proceedings that may be required to recover the amount or enforce the forfeiture or order. -- 10 of 23 -- Part 3 Functions of Director Director of Public Prosecutions Act 1990 9 18 Assistance to officers of other jurisdictions (1) It is a function of the Director to provide assistance in the Territory in respect of a corresponding function of a corresponding public officer. (2) In subsection (1): corresponding function means a function similar to a function of the Director. corresponding public officer means a public officer having corresponding functions in the jurisdiction of the Commonwealth or a State or another Territory of the Commonwealth or of another country. 19 Related functions It is a function of the Director: (a) to institute, intervene in, and conduct proceedings that are connected with or arise out of a function of the Director; or (b) otherwise to do anything that is incidental or conducive to the performance of a function of the Director. 20 Further provisions as to taking over of matters (1) For sections 13 and 14(b), the Director takes over a prosecution or appeal by giving notice in writing that the Director has taken over the matter: (a) to the person who would otherwise be responsible for the matter as complainant, informant, appellant or respondent; and (b) if the prosecution or appeal has been initiated in a court, to the registrar of the court; and on compliance with this subsection, the Director becomes the prosecutor, appellant or respondent, as the case may be. (2) An irregularity or defect in a notice under subsection (1) does not affect its validity. (3) This Part does not prevent the exercise by the Director of a power or discretion to discontinue or terminate a prosecution or appeal that has been taken over under this Part. -- 11 of 23 -- Part 3 Functions of Director Director of Public Prosecutions Act 1990 10 21 Powers of Director (1) The Director has power to do all things that are necessary or convenient to be done for performing the functions of the Director. (2) Without limiting subsection (1), the Director may, for that subsection: (a) exercise a power, authority or discretion relating to the investigation and prosecution of offences that is vested in the Attorney-General; or (b) grant an indemnity from prosecution, whether on indictment or otherwise; or (c) give an undertaking to a person that an answer given or a statement or disclosure made by the person will not be used in evidence against the person. (3) This Act does not derogate from a function of the Attorney-General. 22 Appearance by Director In proceedings to which the Director is a party or in respect of which he or she otherwise has a function under this Part, the Director may appear in person or be represented: (a) by a legal practitioner; or (b) where the proceedings are in the Local Court or Youth Justice Court, by a legal practitioner or a police officer. 23 Director may request information (1) The Director may, in accordance with subsection (2), make a request in writing to an official whose functions include prosecuting for or investigating offences. (2) Where the Director has instituted or taken over, or is considering whether to bring or take over, a prosecution or appeal in relation to an offence or suspected offence, a request may be made for: (a) any specified information, document or material or a specified kind of information, document or material, or for all relevant information, documents and material, to be given to the Director; or (b) the provision of assistance, including the carrying out of an investigation or further investigation of a matter; -- 12 of 23 -- Part 3 Functions of Director Director of Public Prosecutions Act 1990 11 in relation to the offence or suspected offence. (3) Despite any other written law, an official to whom a request is made under this section must comply with it so far as it is practicable to do so. (4) In this section: document includes data recorded or stored mechanically, photographically or electronically and any tape, disc or other device or medium on which it is recorded or stored. official means: (a) a police officer (including the Commissioner of Police); or (b) a person employed by an authority or corporation established under a law of the Territory and authorised by or under that law to investigate, or to make a complaint charging, an offence against a law in force in the Territory; or (c) an officer or employee of the Public Service of the Commonwealth or of the Public Sector, as defined in section 3 of the Public Sector Employment and Management Act 1993, acting in the course of his or her employment as such an officer or employee. 24 Director may limit powers of other officials (1) The Director may give directions in writing to an official mentioned in section 23(1) directing that: (a) a prosecution for a specified offence or class of offences must not be brought by that official; and (b) all matters relating to any such offence must be referred to the Director; and an official to whom a direction is so given must comply with the direction. (2) The Director may recommend that proceedings be brought in respect of an offence mentioned in a direction under subsection (1). 25 Director may issue guidelines (1) The Director may issue a statement of guidelines intended to be followed in the performance of the Director's functions. -- 13 of 23 -- Part 4 Relationship with Attorney-General Director of Public Prosecutions Act 1990 12 (2) A statement issued under subsection (1) must be published in the report mentioned in section 33 and may be published in such other manner as the Director, after consultation with the Attorney- General, thinks fit. (3) An act or omission of the Director or a person acting on his behalf must not be called in question or held to be invalid on the grounds of a failure to comply with a statement issued under this section. Part 4 Relationship with Attorney-General 26 General freedom from direction Except as provided in this Part, the Director is not subject to direction by the Attorney-General or any other person in the performance of the Director's functions. 27 Consultation (1) The Director must, if requested to do so by the Attorney-General, consult the Attorney-General about matters concerning the performance of the Director's functions. (2) The Attorney-General must, if requested to do so by the Director, consult the Director about matters concerning the performance of the Director's functions. 28 Directions by Attorney-General (1) The Attorney-General may, after consultation with the Director, issue to the Director directions as to the general policy to be followed in the performance of a function of the Director. (2) A direction may not be issued under subsection (1) in respect of a particular case. (3) The Director may: (a) in respect of a function, request the Attorney-General to issue directions under subsection (1) concerning that function; and (b) in respect of a particular case, request the Attorney-General to issue directions to the Director as to the performance of the Director's functions in that case; and (c) if the Director considers that the interests of justice require that the Director should not perform a function in a particular case, request the Attorney-General to perform the corresponding function of the Attorney-General in the case; -- 14 of 23 -- Part 5 Miscellaneous matters Director of Public Prosecutions Act 1990 13 and the Attorney-General may comply with a request under this subsection. (4) The Director must comply with a direction of the Attorney-General under this section. (5) Every direction under this section must be in writing and must be included in the annual report of the Director under section 33. 29 Consistency between Attorney-General and Director (1) Where in a particular case the Attorney-General has performed a function that is vested in both the Attorney-General and the Director, the Director must not, without the consent of the Attorney- General, perform that function inconsistently with the action of the Attorney-General. (2) If in a case the operation of subsection (1) precludes the Director from taking an action he or she would otherwise have taken, the Director must refer to that occurrence in the annual report of the Director under section 33. 30 Information to be provided to Attorney-General The Director must, so far as the interests of justice allow, provide the Attorney-General with such information relating to the functions of the Director as the Attorney-General requires: (a) for the proper conduct of the Attorney-General's public business; or (b) to enable the Legislative Assembly to be informed and questions asked in the Assembly to be answered concerning the functions of the Director or the operation of this Act. Part 5 Miscellaneous matters 32 Delegation The Director may, in writing, delegate to any suitable person any of the Director's powers and functions under this or any other Act. 33 Annual report of Director (1) The Director must, as soon as is practicable in each year but not later than 30 September, prepare and deliver to the Attorney- General a report on the performance of the Director's functions during the year that ended on the preceding 30 June. -- 15 of 23 -- Part 5 Miscellaneous matters Director of Public Prosecutions Act 1990 14 (2) The Attorney-General must table a copy of the report in the Legislative Assembly within 6 sitting days after the Attorney- General receives the report. (3) The Director may at any time report to the Attorney-General on any matter relating to the operation of this Act. 34 Director to be accountable officer For the Financial Management Act 1995 the Director is the accountable officer in relation to the Director's functions under this Act and that Act applies accordingly. 35 Judicial notice All courts, judges and persons acting judicially must take judicial notice of: (a) the official signature of a person who is or has been the Director or the Acting Director on any document; and (b) the fact that that person is or was the Director or the Acting Director. 36 Protection from liability The Director, the Deputy Director or any other person acting under this Act: (a) is not liable for anything that in good faith he or she does or refrains from doing for carrying out this Act; and (b) without limiting paragraph (a), is entitled to be indemnified by the Territory for any liability incurred in any proceedings related to the carrying out of this Act. 37 Regulations The Administrator may make regulations, not inconsistent with this Act, prescribing matters: (a) required or permitted by this Act to be prescribed; or (b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. -- 16 of 23 -- Part 6 Savings and transitional matters Director of Public Prosecutions Act 1990 15 Part 6 Savings and transitional matters 38 Savings and transitional (1) The application of this Act to offences, prosecutions, appeals, references and proceedings extends to offences committed and prosecutions, appeals, references and proceedings brought or commenced before the commencement of this Act. (2) A reference in a law of the Territory to the Crown Prosecutor, unless inconsistent with the context or subject-matter, is taken to be a reference to the Director and the Deputy Director. 39 Transitional (1) On and from the commencement of this Act: (a) the Director shall take over from the Attorney-General, Solicitor-General or Solicitor for the Northern Territory the conduct of all criminal proceedings continuing immediately before the commencement of this section; (b) all acts, matters and things made or done by or on behalf of or in the name of the Attorney-General, Solicitor-General or Solicitor for the Northern Territory in relation to those criminal proceedings shall be deemed to have been made or done by or on behalf of or in the name of the Director; (c) a reference to the Attorney-General, Solicitor-General or Solicitor for the Northern Territory in an order or document arising from or relating to those criminal proceedings shall, unless inconsistent with the context or subject-matter, be deemed to be a reference to the Director; and (d) all documents served on or by or on behalf of or in the name of the Attorney-General, Solicitor-General or Solicitor for the Northern Territory in connection with those criminal proceedings shall be deemed to have been served on or by or on behalf of the Director. (2) Notwithstanding anything in subsection (1), the operation of an authority, sanction or consent given before the commencement of this section by the Attorney-General, or other person empowered, to the commencement of proceedings in relation to an offence shall not be abated or affected thereby. -- 17 of 23 -- Part 7 Transitional matters Director of Public Prosecutions Act 1990 16 Part 7 Transitional matters 40 Transitional matters for Justice Legislation Amendment Act 2019 If a person who held office as the Director immediately before the commencement of section 4 of the Justice Legislation Amendment Act 2019 resigns office on or after the day the person turns 70 years old and before the day the person turns 72 years old, the reference to the age of 72 years in section 4(6) is taken to be a reference to the exact age of the person on the day the resignation takes effect. 41 Transitional matters for Judicial and Other Officers' Entitlements Legislation Amendment Act 2023 (1) Despite their repeal, section 4(6) to (8), as in force immediately before the commencement, continue to apply to and in relation to a person who was appointed to be the Director before the commencement. (2) For section 4(6), as saved by subsection (1), the Director is taken to have been appointed as a Supreme Court Judge under section 32(1)(c) or (d) of the Supreme Court Act 1979 on the day the Director was appointed to be the Director. (3) Part 2, Division 2, as inserted by the amending Act, does not apply to a person who was appointed to be the Director before the commencement. (4) In this section: amending Act means the Judicial and Other Officers' Entitlements Legislation Amendment Act 2023. commencement means the day on which section 23 of the amending Act commences. -- 18 of 23 -- Schedule Director of Public Prosecutions Act 1990 17 Schedule section 7(1) OATH I, ___________ [promise/ swear etc. as required by Oaths, Affidavits and Declarations Act 2010] that I will be faithful and bear true allegiance to [Sovereign's name], their Heirs and Successors according to law and that I will well and truly serve them in the office of Director of Public Prosecutions. [So help me God! or as appropriate] -- 19 of 23 -- ENDNOTES Director of Public Prosecutions Act 1990 18 ENDNOTES 1 KEY Key to abbreviations amd = amended od = order app = appendix om = omitted bl = by-law pt = Part ch = Chapter r = regulation/rule cl = clause rem = remainder div = Division renum = renumbered exp = expires/expired rep = repealed f = forms s = section Gaz = Gazette sch = Schedule hdg = heading sdiv = Subdivision ins = inserted SL = Subordinate Legislation lt = long title sub = substituted nc = not commenced 2 LIST OF LEGISLATION Director of Public Prosecutions Act 1990 (Act No. 35, 1990) Assent date 15 June 1990 Commenced 21 January 1991 (Gaz G2, 16 January 1991, p 9) Public Sector Employment and Management (Consequential Amendments) Act 1993 (Act No. 28, 1993) Assent date 30 June 1993 Commenced 1 July 1993 (s 2, s 2 Public Sector Employment and Management Act 1993 (Act No. 11, 1993) and Gaz S53, 29 June 1993) Director of Public Prosecutions Amendment Act 1994 (Act No. 47, 1994) Assent date 20 September 1994 Commenced 1 October 1994 (Gaz S51, 30 September 1994) Financial Management (Consequential Amendments) Act 1995 (Act No. 5, 1995) Assent date 21 March 1995 Commenced 1 April 1995 (s 2, s 2 Financial Management 1995 (Act No. 4, 1995) and Gaz S13, 31 March 1995) Statute Law Revision (No. 2) Act 1998 (Act No. 92, 1998) Assent date 11 December 1998 Commenced 11 December 1998 Statute Law Revision Act 1999 (Act No. 27, 1999) Assent date 18 June 1999 Commenced 18 June 1999 Criminal Property Forfeiture (Consequential Amendments) Act 2002 (Act No. 35, 2002) Assent date 16 July 2002 Commenced 1 June 2003 (s 2, s 2 Criminal Property Forfeiture Act 2002 (Act No. 34, 2002) and Gaz G21, 28 May 2003, p 2) -- 20 of 23 -- ENDNOTES Director of Public Prosecutions Act 1990 19 Justice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20, 2005) Assent date 6 May 2005 Commenced 6 May 2005 (s 2) Youth Justice (Consequential Amendments) Act 2005 (Act No. 33, 2005) Assent date 22 September 2005 Commenced 1 August 2006 (s 2, s 2 Youth Justice Act 2005 (Act No. 32, 2005) and Gaz G30, 26 July 2006, p 3) Statute Law Revision Act 2007 (Act No. 4, 2007) Assent date 8 March 2007 Commenced 8 March 2007 Legal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007) Assent date 17 May 2007 Commenced s 10: 1 July 2007; rem: 17 May 2007 (s 2 and Gaz G26, 27 June 2007, p 3) Financial Management Amendment Act 2009 (Act No. 15, 2009) Assent date 18 June 2009 Commenced 18 June 2009 Oaths, Affidavits and Declarations (Consequential Amendments) Act 2010 (Act No. 40, 2010) Assent date 18 November 2010 Commenced 1 March 2011 (s 2, s 2 Oaths, Affidavits and Declarations Act 2010 (Act No. 39, 2010) and Gaz G7, 16 February 2011, p 4) Statute Law Revision Act 2011 (Act No. 30, 2011) Assent date 31 August 2011 Commenced 21 September 2011 (Gaz G38, 21 September 2011, p 5) Justice Legislation Amendment (Age of Retirement) Act 2013 (Act No. 5, 2013 ) Assent date 14 March 2013 Commenced 2 April 2013 (Gaz S14, 2 April 2013) Statute Law Revision Act 2014 (Act No. 38, 2014) Assent date 13 November 2014 Commenced 13 November 2014 Local Court (Related Amendments) Act 2016 (Act No. 8, 2016) Assent date 6 April 2016 Commenced 1 May 2016 (s 2, s 2 Local Court (Repeals and Related Amendments) Act 2016 (Act No. 9, 2016) and Gaz S34, 29 April 2016) Statute Law Revision Act 2018 (Act No. 10, 2018) Assent date 23 May 2018 Commenced 20 June 2018 (Gaz S41, 20 June 2018) Justice Legislation Amendment Act 2019 (Act No. 1, 2019) Assent date 22 February 2019 Commenced 23 February 2019(s 2) -- 21 of 23 -- ENDNOTES Director of Public Prosecutions Act 1990 20 Statute Law Revision and Repeals Act 2019 (Act No. 33, 2019) Assent date 6 November 2019 Commenced pts 2 and 3: 11 December 2019 (Gaz G50, 11 December 2019, p 2); rem: 7 November 2019 (s 2) Statute Law Amendment (Succession of the Crown) Act 2023 (Act No. 10, 2023) Assent date 20 April 2023 Commenced 21 April 2023 (s 2) Judicial and Other Officers' Entitlements Legislation Amendment Act 2023 (Act No. 14, 2023) Assent date 31 May 2023 Commenced 1 June 2023 (s 2) 3 GENERAL AMENDMENTS General amendments of a formal nature (which are not referred to in the table of amendments to this reprint) are made by the Interpretation Legislation Amendment Act 2018 (Act No. 22, 2018) to: ss 1, 4, 12, 16, 17, 23 and 34 and sch. 4 LIST OF AMENDMENTS pt 1 hdg amd No. 30, 2011, s 3 s 3 amd No. 47, 1994, s 4; No. 30, 2011, s 3 pt 2 hdg amd No. 30, 2011, s 3 pt 2 div 1 hdg ins No. 14, 2023, s 24 s 4 amd No. 28, 1993, s 3; No. 92, 1998, s 8; No. 27, 1999, s 15; No. 7, 2007, s 16; No. 15, 2009, s 16; No. 30, 2011, s 3; No. 5, 2013, s 4; No. 38, 2014, s 2; No. 8, 2016, s 45; No. 1, 2019, s 4; No. 33, 2019, s 49; No. 14, 2023, s 25 s 6 amd No. 30, 2011, s 3 s 7 amd No. 40, 2010, s 118; No. 30, 2011, s 3; No. 8, 2016, s 45 s 8 amd No. 30, 2011, s 3 s 9 amd No. 28, 1993, s 3; No. 92, 1998, s 8; No. 30, 2011, s 3 s 10 amd No. 92, 1998, s 8; No. 30, 2011, s 3 pt 2 div 2 hdg ins No. 14, 2023, s 26 ss 10A – 10E ins No. 14, 2023, s 26 pt 3 hdg amd No. 30, 2011, s 3 s 11 amd No. 30, 2011, s 3 ss 12 – 13 amd No. 30, 2011, s 3; No. 8, 2016, s 45 s 14 amd No. 30, 2011, s 3 s 16 amd No. 30, 2011, s 3 s 17 sub No. 35, 2002, s 3 s 20 amd No. 30, 2011, s 3; No. 8, 2016, s 45 s 21 amd No. 30, 2011, s 3 s 22 amd No. 33, 2005, s 5; No. 30, 2011, s 3; No. 8, 2016, s 45 s 23 amd No. 28, 1993, s 3; No. 30, 2011, s 3 s 24 amd No. 30, 2011, s 3; No. 38, 2014, s 2 s 25 amd No. 30, 2011, s 3 pt 4 hdg amd No. 30, 2011, s 3 ss 27 – 30 amd No. 30, 2011, s 3 pt 5 hdg amd No. 30, 2011, s 3 -- 22 of 23 -- ENDNOTES Director of Public Prosecutions Act 1990 21 s 31 rep No. 28, 1993, s 3 s 32 amd No. 47, 1994, s 5 sub No. 20, 2005, s 27 s 33 amd No. 30, 2011, s 3; No. 10, 2018, s 6 s 34 amd No. 5, 1995, s 19; No. 30, 2011, s 3 s 35 amd No. 4, 2007, s 7; No. 30, 2011, s 3 s 36 amd No. 30, 2011, s 3 pt 6 hdg ins No. 14, 2023, s 27 s 38 amd No. 30, 2011, s 3 pt 7 hdg ins No. 14, 2023, s 28 s 40 ins No. 1, 2019, s 5 s 41 ins No. 14, 2023, s 29 sch amd No. 40, 2010, s 118; No. 10, 2023, s 5 -- 23 of 23 --