Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.5 - Foreign incursions and recruitment  

Division 119 - Foreign incursions and recruitment  

SECTION 119.11   Consent of Attorney-General required for prosecutions  

(1)  
Proceedings for the commitment of a person for the following must not be instituted without the written consent of the Attorney-General:


(a) the trial on indictment for an offence against the following provisions:


(i) this Division;

(ii) section 6 of the Crimes Act 1914 to the extent that it relates to an offence against this Division;


(b) the summary trial of a person for an offence referred to in paragraph (a).

(2)  
However, the following steps may be taken (but no further steps in proceedings may be taken) without consent having been given:


(a) a person may be charged with an offence referred to in paragraph (1)(a);


(b) a person may be arrested for an offence referred to in paragraph (1)(a), 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 subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.