Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 8 - OFFENCES AGAINST HUMANITY AND RELATED OFFENCES  

Division 274 - Torture  

SECTION 274.3   Prosecutions  

(1)  
Proceedings for an offence against this Division, where the conduct constituting the alleged offence occurs wholly outside Australia, must not take place except with the consent in writing of the Attorney-General.

(2)  
Even though a consent in accordance with subsection (1) has not been given in relation to an offence against this Division:


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


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


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

but no further step in proceedings referred to in subsection (1) is to be taken until such a consent has been given.

(3)  
Subsection (2) does not prevent the discharge of the accused if proceedings are not continued within a reasonable time.




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