Attorney-General Act 1999

An Act relating to the functions and powers of the Attorney-General, and for related purposes

1Short title

This Act may be cited as the Attorney-General Act 1999.

2Commencement

This Act commences on a day to be fixed by proclamation.

3The office of Attorney-General

(1)There is to be an Attorney-General for the State.

(2)The Attorney-General is—

(a)the Minister who is designated by the Governor as Attorney-General or Minister for Justice and Attorney-General; or

(b)if the Governor does not designate a Minister as Attorney-General or Minister for Justice and Attorney-General—the Minister.

4Position of Attorney-General

The Attorney-General is the first law officer of the State.

5Principal functions

The Attorney-General’s principal functions are—

(a)to be the State’s chief legal representative; and

(b)to give legal advice to the State; and

(c)to be the Minister responsible to the Parliament for the administration of law and justice in the State.

s 5 amd 2023 No. 23 s 28

6General powers

(1)The Attorney-General has power to do all things necessary or convenient to be done for the Attorney-General’s functions.

(2)The Attorney-General may start and conduct litigation for the following—

(a)the State;

(b)the Governor;

(c)a Minister;

(d)a person suing or being sued on behalf of the State.

7Specific powers

(1)The Attorney-General may do the following—

(a)present an indictment;

(b)enter nolle prosequi on indictments;

Note—

See the Criminal Code, section 563.

(c)grant immunities from prosecution;

(d)undertake to a person not to use, or make derivative use of, information or a thing against the person in a proceeding, other than in relation to the falsity of evidence given by the person in a proceeding;

(e)enforce charitable and public trusts;

(f)bring proceedings to enforce and protect public rights;

(g)grant fiats to enable entities, that would not otherwise have standing, to start or continue proceedings in the Attorney-General’s name—

(i)to enforce charitable and public trusts; and

(ii)to enforce and protect public rights;

(h)challenge the constitutional validity of legislation (including Commonwealth legislation) that affects the public interest in the State;

(i)appear before a court to help the court in appropriate cases;

(j)advise the Executive Council on judicial appointments;

(k)start proceedings for contempt of court in the public interest;

(l)apply for judicial review to correct errors by courts and tribunals.

(2)Despite subsection (1)(a) or (b), the Attorney-General may not direct or instruct the Director of Public Prosecutions to present an indictment or enter a nolle prosequi.

(3)To avoid any doubt, it is declared that—

(a)the Attorney-General may not grant immunity from prosecution for a future act or omission; and

(b)a decision or proposed decision to exercise a power for a matter listed under subsection (1) is not a decision of an administrative character under an enactment merely because the matter is listed under subsection (1).

s 7 amd 2023 No. 23 s 29

8Retention of traditional role

The Attorney-General has the functions, powers, prerogatives and privileges of the Attorney-General for the State under the common law or equity or by tradition or usage.

9Additional functions and powers

(1)The Attorney-General also has functions and powers conferred on the Attorney-General under this Act or another Act.

(2)A function or power conferred on the Attorney-General under this Act or another Act does not limit another function or power of the Attorney-General.

9ARelator application

An application for the Attorney-General’s fiat under section 7(1)(g) must be made to the Attorney-General in the way prescribed under a regulation.

s 9A ins 2002 No. 34 s 4

10Refusal of relator application

(1)This section applies if—

(a)an application is made for the Attorney-General to grant an entity a fiat to start or continue a proceeding in the Attorney-General’s name to enforce or protect a public right; and

(b)the application is refused or the fiat is not granted within 60 days after the application was made.

(2)The Attorney-General must—

(a)prepare a report outlining—

(i)the nature of the application; and

(ii)the breach of the public right alleged; and

(iii)the reasons for the refusal of the application or failure to grant the fiat; and

(b)table the report in the Legislative Assembly within 3 sitting days after—

(i)the refusal; or

(ii)if the application was not refused but the fiat was not granted within 60 days after the application was made, the end of the 60 days.

s 10 amd 2023 No. 23 s 30

11Independent exercise of powers about prosecutions

(1)This section applies if the Attorney-General—

(a)presents an indictment against a person and—

(i)the person is acquitted; or

(ii)the person is convicted and any period for appealing against the conviction has ended and an appeal against the conviction has not been started; or

(iii)the person is convicted and the person has appealed against the conviction and the appeal is finally decided or has otherwise ended; or

(iv)the prosecution process has otherwise ended; or

(b)enters a nolle prosequi on an indictment.

(2)The Attorney-General must—

(a)prepare a report outlining the circumstances and reasons for the Attorney-General’s decision to present the indictment or to enter the nolle prosequi; and

(b)table the report in the Legislative Assembly within 3 sitting days after the event mentioned in subsection (1) happens.

(3)In this section—

convicted includes being found guilty, and the acceptance of a plea of guilty, by a court, whether or not a conviction is recorded.

12Service on Attorney-General

(1)This section applies if, under another Act, a document must or may be served on or given to the Attorney-General.

(2)The service or giving of the document may be carried out by giving the document to the chief executive.

13Regulation-making power

The Governor in Council may make regulations under this Act.