Attorney General Act (2012)

Senate Clerk

Citizen


** TEXT CURRENT AS OF 26TH OCTOBER 2019 **

Attorney General Act (2012)
An Act to establish the Office of the Attorney General.

Short Title

(1) This Act may be cited as the Attorney General Act (2012).

Office of the Attorney General

(2) The Office of the Attorney General ("The Office") is hereby established.

(3) The First Minister and Chief of State, in agreement, shall nominate an individual to the Office at the commencement of every First Minister term, or if the Office is vacant. Nominees for the Office shall require Senate confirmation in order to take office.

(3a) If the First Minister and Chief of State are unable to agree upon an Attorney General nominee, the Speaker of the Senate shall nominate an eligible citizen to the position of Attorney General. The Speaker may not nominate themself to the position.

(4) The Office shall be declared vacant if the Attorney General:

a. resigns;
b. is no longer qualified to hold the Office under s7 of this Act;;
c. is impeached by a 2/3 majority vote in the Senate;
d. is removed from the Office by the High Court as a sentence for an offence; or
e. is dismissed by the Chief of State and the First Minister, in agreement.

(5) It shall be lawful for the Attorney General, with due discretion, to appoint any person or persons to be their deputy or deputies, and in that capacity to exercise during their pleasure such powers, authorities and functions as they deem it necessary or expedient to delegate to them, subject to any limitations expressed by law; but the appointment of such a deputy or deputies shall not affect the exercise by the principal holder of any power, function or authority.

(6) The Senate shall have power to remove from office any appointed deputies of the Attorney General by a resolution to such effect achieving majority support.

Qualifications of the Attorney General

(7) The Attorney General may not hold: the Office of the Chief of State; the Office of First Minister; or any position in the Judiciary.

Responsibilities of the Attorney General

(8) The Attorney General shall be the default state prosecutor for criminal cases in Europeia, although the Attorney General may appoint an alternate prosecutor for a case, so long as the appointed prosecutor does not have a conflict of interest.

(8bis)(1) The Attorney General, or their designees, may remove citizen offenders from Europeian communication platforms pending trial.
(2) The Attorney General, or their designees, may remove non-citizen offenders from Europeian communication platforms at their discretion.

(9) The Attorney General shall be the primary legal adviser to the Chief of State, First Minister, Council of State, and Cabinet.

Conflict of Interest

(10) Should a conflict of interest exist, the presiding Justice shall appoint an alternate prosecutor.

(11) The defendant in a criminal case may petition the presiding Justice to determine whether a conflict of interest exists. On receiving such a petition, the presiding Justice shall be obligated to investigate whether such a conflict of interest exists.

(12) In the event that the Attorney General is the subject of a criminal case, the presiding Justice must appoint an alternate prosecutor.
 
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Senate Clerk

Citizen


Text With Amendments


[Attorney General Act (2012)
An Act to establish the Office of the Attorney General.

Short Title

(1) This Act may be cited as the Attorney General Act (2012).

Office of the Attorney General

(2) The Office of the Attorney General ("The Office") is hereby established.

[[(3) The First Minister and Chief of State, in agreement, shall nominate an individual to the Office at the commencement of every First Minister term, or if the Office is vacant. Nominees for the Office shall require Senate confirmation in order to take office. ]7

(3a) If the First Minister and Chief of State are unable to agree upon an Attorney General nominee, the Speaker of the Senate shall nominate an eligible citizen to the position of Attorney General. The Speaker may not nominate themself to the position.

(4) The Office shall be declared vacant if the Attorney General:

a. resigns;
b. is no longer qualified to hold the Office under s7 of this Act;;
c. is impeached by a 2/3 majority vote in the Senate;
d. is removed from the Office by the High Court as a sentence for an offence; or
e. is dismissed by the Chief of State and the First Minister, in agreement. ]6

[(5) It shall be lawful for the Attorney General, with due discretion, to appoint any person or persons to be their deputy or deputies, and in that capacity to exercise during their pleasure such powers, authorities and functions as they deem it necessary or expedient to delegate to them, subject to any limitations expressed by law; but the appointment of such a deputy or deputies shall not affect the exercise by the principal holder of any power, function or authority.

(6) The Senate shall have power to remove from office any appointed deputies of the Attorney General by a resolution to such effect achieving majority support.]9

Qualifications of the Attorney General

[]3

[[]2]4

[[(7) The Attorney General may not hold: the Office of the Chief of State; the Office of First Minister; or any position in the Judiciary.]6]8

Responsibilities of the Attorney General

[(8) The Attorney General shall be the default state prosecutor for criminal cases in Europeia, although the presiding Justice may appoint an alternate prosecutor for a case.]5

[(8bis)(1) The Attorney General, or their designees, may remove citizen offenders from Europeian communication platforms pending trial.
(2) The Attorney General, or their designees, may remove non-citizen offenders from Europeian communication platforms at their discretion.]9

[(9) The Attorney General shall be the primary legal adviser to the Chief of State, First Minister, Council of State, and Cabinet.]6

Conflict of Interest

(10) Should a conflict of interest exist, the presiding Justice shall appoint an alternate prosecutor.

(11) The defendant in a criminal case may petition the presiding Justice to determine whether a conflict of interest exists. On receiving such a petition, the presiding Justice shall be obligated to investigate whether such a conflict of interest exists.

(12) In the event that the Attorney General is the subject of a criminal case, the presiding Justice must appoint an alternate prosecutor.]1


Legislative History


This Act became Law on 23rd April 2012 .
1Attorney General Amendment Act (2012).
2Second Amendment to the Attorney General Act (2014).
3Universal Citizenship Requirement Amendment 2016.
4Political Ethics Amendment (2017).
5Alternate Prosecutor Amendment(2017).
6Executive Split Amendments and Repeals Act (2019).
7Attorney General Term Clarification Act (2019).
8Attorney General Restriction Alleviation Act (2019).
9Administration Omnibus Act (2019).
 
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