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Legislative Assembly for the ACT: 2003 Week 11 Hansard (21 October) . . Page.. 3882 ..

7B Delayed application of ch 2 to certain offences

Section 8 (1) and (2)

substitute

(1) Despite section 7, the provisions of this chapter (other than the immediately applied provisions) do not apply to a pre-2003 offence unless-

(a) the offence is omitted and remade (with or without changes); or

(b) an Act or subordinate law expressly provides for the provisions to apply to the offence.

7C New section 8 (4A)

insert

(4A) In this section:

  • omitted and remade
    • -an offence is not omitted and remade if it is amended without being omitted and remade.

  • pre-2003 offence
    • means an offence in force before 1 January 2003.

    7D Section 8

    renumber subsections when Act next republished under Legislation Act


    2

    Proposed new part 2B

    Page 5, line 22-

    insert

    Part 2B Director of Public Prosecutions Act 1990

    7E Act amended-pt 2B

    This part amends the Director of Public Prosecutions Act 1990.

    7F Functions

    New section 6 (1A)

    insert

    (1A) To remove any doubt and without limiting subsection (1), the functions of the director include the following:

    (a) appearing before a board of inquiry under the Crimes Act 1900, part 20 (Inquiries into convictions);

    (b) for civil proceedings (including appeals) connected with or arising out of the exercise by the director of a function under this Act or a proceeding in relation to which the director has a function-

    (i) beginning proceedings; or

    (ii) conducting proceedings, whether begun by the director or not; or

    (iii) responding to proceedings.

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