Criminal Code Act 1995
Section 3
CHAPTER 5 - THE SECURITY OF THE COMMONWEALTH Part 5.1 - Treason and related offences
View history note
Hide history noteProceedings 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 by section 82.10 .
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