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Legislative Assembly for the ACT: 2000 Week 5 Hansard (9 May) . . Page.. 1243 ..
(ii) conducting appeals (including appeals against sentence) as appellant or respondent, whether instituted or responded to by the director or not;'.
Paragraphs 6 (1) (h)-
Omit the paragraph, substitute the following paragraph:'(h) functions given to the director under another provision of this Act or any other Territory law;'.
Subsection 6 (3)-
Omit the subsection.Subsection 10 (3) (definition of right of appeal, paragraph (b))-
Omit 'rehearing', substitute 'rehearing; and'.Subsection 10 (3) (definition of right of appeal))-
After paragraph (b), add the following paragraph:'(c) a right to appeal against sentence.'.
Section 16A-
Repeal the subsection, substitute the following section:'16Aâ Commonwealth prosecutions by director and staff of office
'(1)â This section applies to the director, or a member of the staff of the office who is a legal practitioner, if the director or member is authorised to prosecute offences against Commonwealth laws under-(a) a Commonwealth law; or
(b) an instrument issued by or on behalf of the Commonwealth under an agreement between the Territory and the Commonwealth; or
(c) an agreement with the Commonwealth director.
'(2)â The director or member may institute or conduct prosecutions against Commonwealth laws in accordance with the Commonwealth law, instrument or agreement.
'(3)â Without limiting subsection (2), the director or member may do any of the following in relation to offences against Commonwealth laws:
(a) make applications for orders to review under section 219C of the Magistrates Court Act 1930, and conduct such proceedings;
(b) cause prosecutions and other proceedings to be brought to an end;
(c) institute or respond to appeals (including appeals against sentence);
(d) conduct appeals (including appeals against sentence) as appellant or respondent, whether instituted or responded to by the director or member or not.
'(4)â In this section-
prosecution includes a proceeding for the commitment of a person for trial for an indictable offence.'.
Subsection 96A (1)-
Omit '85AE (1) or 85AQ (1) of the Evidence Act 1971', substitute '18 (1) or 30 (1) of the Evidence (Miscellaneous Provisions) Act 1991'.Part 12AA-
Repeal the Part.
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