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 in a way mentioned in: (a) for an offence against section 83.3 - subsection 83.3(1A) , (1B) , (1C) , (1D) , (2) , (3) or (4A) ; and (b) for an offence against section 83.1 or 83.4 - section 80.3 .
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