Director of Public Prosecutions (Terrorist Organisation Prosecutions) Ministerial Direction 2022

Director of Public Prosecutions Act 1983

I, Senator the Hon Michaelia Cash, Attorney-General, having consulted the Director of Public Prosecutions, give the following direction under subsection 8(1) of the Director of Public Prosecutions Act 1983.

1. Proceedings for the commitment for trial of a person for an alleged offence under Division 102 of the Criminal Code must not be instituted without the written consent of the Attorney-General where the facts constituting the alleged offence relate to the person’s conduct in connection with Hamas.

2.       Nothing in this direction is intended to prevent the following steps from being taken (but no further steps in proceedings may be taken) without consent having been given:

a)      a person may be charged;

b)      a person may be arrested and a warrant for such an arrest may be issued and executed;

c)      a person so charged may be remanded in custody or on bail.

3.       Nothing in this direction prevents the discharge of the accused if proceedings are not continued within a reasonable time.

Dated           25 March 2022

Senator the Hon Michaelia Cash

Attorney-General