Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH  

Part 5.2 - Espionage and related offences  

Division 93 - Prosecutions and hearings  

SECTION 93.1   Consent of Attorney-General required for prosecutions  

(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 information or an article that has a security classification - 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 or article 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:


(a) for an offence against Subdivision A of Division 91 (espionage) - in a way mentioned in section 91.4 ; and


(b) for an offence against Subdivision B of Division 91 (espionage on behalf of foreign principal) - in a way mentioned in section 91.9 ; and


(c) for an offence against Subdivision B of Division 92 (foreign interference) - in a way mentioned in section 92.5 ; and


(d) for an offence against Subdivision C of Division 92 (foreign interference involving foreign intelligence agencies) - in a way mentioned in section 92.11 .




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