A Commonwealth DPP officer holding a State commission to prosecute under s 560(2) Criminal Code (Qld) may prosecute State offences that are joinable with Commonwealth offences, provided the prosecution is brought on behalf of the State Crown (per McMurdo P) or is supported by the executive and incidental powers (per Davies JA and Thomas JA). The Corporations (Commonwealth Powers) Act 2001 (Qld) is valid and did not require a referendum under s 53 Constitution Act 1867 (Qld) because a referral of power under s 51(xxxvii) does not diminish State legislative power. Sections 6(1)(m) and 17 of the Director of Public Prosecutions Act 1983 (Cth) should be read down under s 15A Acts Interpretation Act 1901 (Cth) to apply only where the prosecution is supported by a head of constitutional power.
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