Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.6 - Secrecy of information  

Division 123 - Miscellaneous  

SECTION 123.5   Requirements before proceedings can be initiated  

(1)    
Proceedings for the commitment of a person for trial for an offence against this Part must not be instituted without:

(a) the written consent of the Attorney-General; and

(b) for proceedings that relate to security classified information - a certification by the Attorney-General that, at the time of the conduct that is alleged to constitute the offence, it was appropriate that the information had a security classification.

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

(a) a person may be arrested for the offence and a warrant for such an arrest may be issued and executed;

(b) a person may be charged with the offence;

(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.

(4)    
In deciding whether to consent, the Attorney-General must consider whether the conduct might be authorised in a way mentioned in section 122.5 .