Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

CHAPTER 4 - THE INTEGRITY AND SECURITY OF THE INTERNATIONAL COMMUNITY AND FOREIGN GOVERNMENTS  

Division 72 - Explosives and lethal devices  

Subdivision A - International terrorist activities using explosive or lethal devices  

SECTION 72.7   Bringing proceedings under this Subdivision  

(1)  
Proceedings for an offence under this Subdivision must not be commenced without the Attorney-General ' s written consent.

(2)  
However, a person may be arrested, charged, remanded in custody, or released on bail, in connection with an offence under this Subdivision before the necessary consent has been given.

(3)  
In determining whether to bring proceedings for an offence under this Subdivision, the Attorney-General must have regard to the terms of the Convention, including paragraph 2 of Article 19.

(4)  
In determining whether to bring proceedings for an offence under this Subdivision, the Attorney-General must also have regard to:


(a) whether the conduct constituting the offence also gives rise to an offence under a law of a State or Territory; and


(b) whether a prosecution relating to the conduct under the State or Territory law has been or will be commenced.




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