Public Prosecutions Act 1994

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 21 April 1994

Legislative Council: 25 May 1994

The long title for the Bill for this Act was "A Bill to provide for the appointment of a Director of Public Prosecutions, a Chief Crown Prosecutor, Crown Prosecutors and a Solicitor for Public Prosecutions, to require that certain decisions be made by the Director of Public Prosecutions only after obtaining the advice of a Committee, to make fresh provision with respect to the manner of dealing with certain contempts of court, to establish an Office of Public Prosecutions and a Committee for Public Prosecutions, to repeal the Director of Public Prosecutions Act 1982, to amend the Constitution Act 1975, the County Court Act 1958 and the Crimes (Criminal Trials) Act 1993 and make consequential amendments to certain other Acts and for other purposes.".

Constitution Act 1975:

Section 85(5) statement:

Legislative Assembly: 21 April 1994

Legislative Council: 25 May 1994

Absolute majorities:

Legislative Assembly: 24 May 1994

Legislative Council: 27 May 1994

The Public Prosecutions Act 1994 was assented to on 7 June 1994 and came into operation as follows:

Part 1 (sections 1–3) on 7 June 1994: section 2(1); rest of Act on 1 July 1994: section 2(3).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

• Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

• Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.

See section 36(3)(3D)(3E).