Act or Regulation
Director of Public Prosecutions Act 1991
The Attorney-General may, after consultation with the Director, give directions and furnish guidelines to the Director in relation to the carrying out of his or her functions.
The Director may give directions or furnish guidelines to the Commissioner of Police or other persons investigating, or prosecuting, offences on behalf of the Crown.
Any such directions or guidelines must be published in the Annual Report.
There were no directions or guidelines given by the Attorney-General to the Director of Public Prosecutions pursuant to section 9 of the Director of Public Prosecutions Act 1991 during the 2020-21 financial year.
There were no directions issued to the Commissioner of Police by the Director of Public Prosecutions pursuant to section 11 of the Director of Public Prosecutions Act 1991 during the 2020-21 financial year.
Act or Regulation
Criminal Assets Confiscations Act 2005
The Attorney-General has an obligation to report on the operation of the amendments enacted by the Criminal Assets Confiscation (Prescribed Drug Offenders) Amendment Act 2016 during the financial year ending on the preceding 30 June.
A report under this section must include the following information for the financial year to which the report relates:
Section 229A (2) (a)
In 2020-21, there were 79 persons who became prescribed drug offenders.
Section 229A (2) (b)
In 2020-21, there were 97 restraining orders made in relation to persons who, if convicted of the serious offence to which the restraining order relates, will become prescribed drug offenders.
Section 229A (2) (c)
In 2020-21, the following property was (deemed) forfeited:
- Real Property: 18 interests in real properties
- Vehicles: 19 vehicles
- Cash: $1,208,483.96
- Shares: Details pending
- Other items of value: $20,000 approximately
This information relates to property that was ‘deemed forfeited’ to the Crown, including some of which is still subject to on-going applications made by defendants under s 59A for the court to exclude a portion thereof, based on cooperation with police. The potential granting of any exclusion of such property (and if so, to what extent), obviously cannot be accounted for in this report.