Supreme Court Act 1933

An indictment against a person liable under this part to be tried for an administration of justice offence must be presented against the person within 2 months after the day the order for the trial was made (the indictment period) under section 68O (Court may order trial—administration of justice offence) (a trial 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If, after the end of the indictment period, an indictment for the trial has not been presented or has been withdrawn or quashed, the person may apply to the court for any of the following: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 trial order;

an order restoring the acquittal quashed by the trial order;

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

If the trial order is set aside, a further application may not be made under section 68O for the trial of the person in relation to the offence mentioned in the trial order.