Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 10 - NATIONAL INFRASTRUCTURE  

Part 10.6 - Telecommunications Services  

Division 474 - Telecommunications offences  

Subdivision H - Offences relating to use of carriage service for sharing of abhorrent violent material  

SECTION 474.42   Attorney-General ' s consent required for prosecution   Offence against section 474.33

474.42(1)  
Proceedings for an offence against section 474.33 must not be commenced without the Attorney-General ' s written consent if:


(a) the conduct constituting the alleged offence occurs wholly in a foreign country; and


(b) at the time of the alleged offence, the person alleged to have committed the offence is neither:


(i) an Australian citizen; nor

(ii) a body corporate incorporated by or under a law of the Commonwealth or of a State or Territory.

474.42(2)  
However, a person may be arrested for, charged with, or remanded in custody or released on bail in connection with, an offence against section 474.33 before the necessary consent has been given. Offence against section 474.34

474.42(3)  
Proceedings for an offence against section 474.34 must not be commenced without the Attorney-General ' s written consent.

474.42(4)  
However, a person may be arrested for, charged with, or remanded in custody or released on bail in connection with, an offence against section 474.34 before the necessary consent has been given.




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