Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 5.5 - Foreign incursions and recruitment  

Division 119 - Foreign incursions and recruitment  

SECTION 119.11   Consent of Attorney-General required for prosecutions  

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).

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.

Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.

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