Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3


Part 5.1 - Treason and related offences  

Division 83 - Other threats to security  

SECTION 83.5   Consent of Attorney-General required for prosecutions  

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.

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.

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

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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