1Name of Act
This Act is the Enforcement of Public Interests Act 1973.
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Bill homepage (legislation.act.gov.au)This Act is the Enforcement of Public Interests Act 1973.
If the Attorney-General gives his or her consent to the institution of proceedings in a court on the relation of a person, the title of the proceedings shall, if the Attorney-General so directs—
describe that person as the plaintiff in the proceedings; and
contain words to the effect that the proceedings are instituted with the consent of the Attorney-General.
If, either before or after the commencement of this Act, proceedings have been instituted in a court in the name of the Attorney-General as plaintiff on the relation of a person, the Attorney-General may, if the Attorney-General considers appropriate, direct that, on and from the date of the direction, the title of the proceedings shall be changed so that the person named in the proceedings as the relator is described as the plaintiff in the proceedings.
If a direction is given under subsection (2) in relation to proceedings, the title of the proceedings shall, on and after the date when a copy of the direction is lodged with the registrar of the court, be deemed to have been changed so that the person named in the proceedings as relator is described as the plaintiff with the addition of the words ‘with the consent of the Attorney-General’.
If a direction is given under section 2 (1) in relation to proceedings, the Attorney-General has the same rights in relation to those proceedings as the Attorney-General would have had if the proceedings had been instituted in his or her name as plaintiff on the relation of a person.
If a direction is given under section 2 (2) in relation to proceedings, the Attorney-General has, on and after the date of the direction, the same rights as the Attorney-General would have had if the direction had not been given.
In proceedings in relation to which a direction has been given under section 2 (1), a court has the same powers as it would have had if the proceedings had been instituted in the name of the Attorney-General on the relation of a person.
In proceedings in relation to which a direction has been given under section 2 (2), a court has, on and after the date when a copy of the direction is lodged with the registrar of the court, the same powers as it would have had if the direction had not been given.