New South Wales Consolidated Acts

CRIMINAL PROCEDURE ACT 1986 - SECT 65

65 Prosecutors who may exercise charge certificate and case conference functions

The functions of a prosecutor under this Division and Division 5 (which relates to case conferences) may be exercised only by the following persons--

(a) the Director of Public Prosecutions or the Attorney General,

(b) in the case of committal proceedings to which this Division applies because of section 79 of the Judiciary Act 1903 of the Commonwealth, any of the following--

(i) a person holding an equivalent office under the Commonwealth,

(ii) a special prosecutor appointed under an Act of the Commonwealth,

(iii) a person authorised under Commonwealth legislation to exercise the functions of a person referred to in subparagraph (i) or (ii),

(iv) a person authorised by an arrangement made with a person referred to in subparagraph (i) or (ii) to exercise the functions of that person,

(c) a legal representative of a person referred to in paragraph (a) or (b),

(d) any other person prescribed by the regulations for the purposes of this section.

Note--: The effect of this provision is to prevent any other person from being able to complete the steps required to be taken by a prosecutor for the committal proceedings that are set out in Divisions 4 and 5 of this Part.