Criminal Code Act 1995

Schedule - The Criminal Code  

Section 3

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

[ CCH Note: Subdiv A heading will be inserted by No 5 of 2024, s 3 and Sch 1 item 1, applicable in relation to conduct engaged in on or after 8 September 2024. The heading will read:

Subdivision A - Definitions

]

Division 72 - Explosives and lethal devices  

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History

Div 72 (heading) substituted by No 3 of 2007, s 3 and Sch 1 item 1, effective 25 August 2007. The heading formerly read:

Division 72 - International terrorist activities using explosive or lethal devices

Subdivision A - International terrorist activities using explosive or lethal devices  

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Subdiv A (heading) inserted by No 3 of 2007, s 3 and Sch 1 item 2, effective 25 August 2007.

SECTION 72.7   Bringing proceedings under this Subdivision  

(1)    

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

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S 72.7(1) amended by No 3 of 2007, s 3 and Sch 1 item 6, by substituting " Subdivision " for " Division " , effective 25 August 2007.

(2)    

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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.

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S 72.7(2) amended by No 3 of 2007, s 3 and Sch 1 item 6, by substituting " Subdivision " for " Division " , effective 25 August 2007.

(3)    

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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.

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History

S 72.7(3) amended by No 3 of 2007, s 3 and Sch 1 item 6, by substituting " Subdivision " for " Division " , effective 25 August 2007.

(4)    

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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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History

S 72.7(4) amended by No 3 of 2007, s 3 and Sch 1 item 6, by substituting " Subdivision " for " Division " , effective 25 August 2007.

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