Supreme Court Act 1933

If an acquitted person is, by an order under division 8AA.3, liable to be retried for a category A offence or a category B offence, the director of public prosecutions must not, in a proceeding allowed by the order, present an indictment against the person for an offence that was not enacted at the time the person is alleged to have engaged in conduct constituting the offence for which the person was acquitted and that was the subject of the application for the order.

Subsection (3) applies if an acquitted person is, by an order under division 8AA.3, liable to be—

retried for a category A offence or a category B offence (a retrial offence); and

tried for an administration of justice offence (a justice offence), in relation to the proceeding for which the person was acquitted (the original proceeding) and that was the subject of the application for the order that the person be retried for the category A or category B offence.

The director of public prosecutions may, in a proceeding allowed by the order, present an indictment against the person for—

if the justice offence does not directly controvert the person’s acquittal in the original proceeding—both the retrial offence and the justice offence; or

if the justice offence directly controverts the person’s acquittal in the original proceeding—either the retrial offence or the justice offence, but not both.