Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.1 - Treason and related offences  

Division 83 - Other threats to security  

SECTION 83.5   Consent of Attorney-General required for prosecutions  

(1)  
Proceedings for the commitment of a person for trial for an offence against this Division must not be instituted without the written consent of the Attorney-General.

(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 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:


(a) for an offence against section 83.3 - subsection 83.3(2) , (3) or (4A) ; and


(b) for an offence against section 83.1 or 83.4 - section 80.3 .




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