The ICAC Act does not restrict the common law right to commence prosecution for offences under Part 9 (including s 87 false or misleading evidence offences), so any person including an ICAC officer may issue a court attendance notice under s 14 of the Criminal Procedure Act 1986 (NSW). Provisions of the ICAC Act dealing with the Commission's investigatory functions (ss 13(4), 53, 70(4B)) do not limit who may prosecute Part 9 offences. Simultaneously pursuing a District Court appeal and Supreme Court supervisory jurisdiction proceedings in respect of the same Local Court conviction may constitute a potential abuse of process.
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