Supreme Court Act 1933

An indictment against a person liable under this part to be retried of a category A or category B offence must be presented against the person within 2 months after the day the order for the retrial was made (the indictment period) under section 68M (Court may order retrial—category A offence) or section 68N (Court may order retrial—category B offence) (a retrial order).

However, the court may give leave to present the indictment after the end of the indictment period if it is satisfied that in the circumstances—

the prosecutor has acted reasonably expeditiously to present the indictment; and

that presenting the indictment will not cause an injustice to the person.

An indictment presented in accordance with this section may be amended or replaced at any time if the court is satisfied that amending or replacing the indictment will not cause an injustice to the person.

If, after the end of the indictment period, an indictment for the retrial has not been presented or has been withdrawn or quashed, the person may apply to the court for any of the following:

an order setting aside the retrial order;

an order restoring the acquittal quashed by the retrial order;

an order restoring the bar to the person being tried for the offence.

If the retrial order is set aside, a further application may not be made under this part for the retrial of the person in relation to the offence mentioned in the retrial order.