Double jeopardy
35A Double jeopardy
Where an act or omission by a person is an offence against this Act and is also an offence against a law of a State, the person may be prosecuted and convicted under this Act or under that law of that State in respect of that act or omission, but nothing in this Act renders a person liable to be punished twice in respect of the same act or omission.
If:
an application is made to the Federal Court or a Supreme Court under subsection 34B(1) in respect of an act or omission by a person; and
the person is dealt with by the Court under that section in respect of the act or omission;
the person is not liable to be prosecuted for an offence in respect of that act or omission.
If a person is prosecuted for an offence in respect of an act or omission referred to in subsection 34B(1), an application must not be made under subsection 34B(1) in respect of that act or omission.
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