Change of venue
48 Change of venue
Where, after an indictment for an offence against this Act committed on an aircraft in flight is presented in a State or Territory court, and before a verdict is given:
the defendant objects to the trial on the ground that the offence, if committed, was committed in another part of Australia; and
the court is satisfied that the offence, if committed, was committed in that other part of Australia;
the court must immediately make the following orders:
that the proceedings on the indictment be discontinued;
if a jury is empanelled—that the jury be discharged;
that the defendant appear before a specified court of the first‑mentioned State or Territory at a specified time to be dealt with in accordance with this section.
The court must not specify a time, for the purposes of paragraph (1)(e), that is later than 28 days after the day on which the order is made.
Where a court makes an order under subsection (1), it may also:
order that the defendant be kept in the custody specified in the order; or
admit the defendant to bail on such recognizances as it thinks fit.
If, before the time when the defendant is to appear before a court, the Attorney‑General or the Director of Public Prosecutions notifies that court that an indictment will not be filed against the defendant in a court of another part of Australia, the notified court must, as soon as practicable after it is notified, make an order:
discharging the defendant from the obligation to appear before that court at that time; and
if the defendant is in custody—directing that the defendant be released; and
if the defendant has been admitted to bail—directing that the relevant recognizances be discharged.
If, at or before the time when the defendant is to appear before a court, the Attorney‑General or the Director of Public Prosecutions notifies that court that an indictment has been filed against the defendant in a court of another part of Australia, the notified court must make an order directing:
that the defendant be taken, as soon as practicable and in the custody of such person as it directs, to the part of Australia where the indictment was filed; and
that the defendant there be delivered to the custody of a person who has authority to arrest the defendant;
and may make such other orders as it thinks necessary for carrying out that order.
An order under subsection (5) must be made:
if the defendant is in custody—immediately after the court is notified under that subsection; and
in any other case—as soon as practicable after the time when the defendant is required to appear before the court.
If:
the court before which the defendant is to appear is not notified by the Attorney‑General or the Director of Public Prosecutions under subsection (4) or (5); and
the defendant is held in custody;
the court must, at the time when the defendant is required to appear before it, make an order directing that the defendant be released.
Where an order has been made under paragraph (1)(c) in relation to an indictment, the proceedings on the indictment, and the order, do not prevent or prejudice any other indictment or any information against the defendant on the same charge or any other charge.
The jurisdiction of a court under subsections (1) and (3) may be exercised by the court constituted by a single judge.
The jurisdiction of a court under subsection (4), (5) or (7) may be exercised by the court constituted by a single judge or magistrate.
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