Attorney-General Act 1999 (Qld)

Attorney-General Act 1999

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

Part 1 Preliminary

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

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

Part 2 Establishment of office

3 The 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.

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

Part 3 Attorney-General's functions and powers

Division 1 Principal functions

5 Principal 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.

Division 2 Powers

6 General 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.

7 Specific 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).