Change of venue
12 Change of venue
Where, at any time after the presentation in a court of a State or Territory of an indictment for an offence against this Act committed on an aircraft in flight and before the jury has returned its verdict:
the defendant objects to the trial on the ground that the offence, if committed, was committed in another part of Australia, being a State; and
the court is satisfied that the offence, if committed, was committed in that other part of Australia;
the court shall forthwith order that the proceedings on the indictment be discontinued and, if the jury has been empanelled, that the jury be discharged, and that the defendant appear before that court or another court of the first‑mentioned State or Territory at a specified time, not later than 28 days after the day on which the order is made, to be dealt with in accordance with this section.
Where a court makes an order under subsection (1), the court may also:
order that the defendant be kept in such custody as is specified in the order; or
admit the defendant to bail, on such recognizances as the court thinks fit.
If, before the time at which the defendant is to appear before a court pursuant to an order under subsection (1), the Attorney‑General or the Director of Public Prosecutions notifies that court that he or she does not intend to file an indictment against the defendant in a court of another part of Australia, the first‑mentioned court shall, as soon as practicable after being so notified, make an order:
discharging the defendant from the obligation to appear before that court at that time; and
directing:
if the defendant is held in custody—that he or she be released; or
if he or she has been admitted to bail—that the recognizances upon which he or she was admitted to bail be discharged.
If, at or before the time at which the defendant is to appear before a court pursuant to an order under subsection (1), the Attorney‑General or the Director of Public Prosecutions notifies that court that he or she has filed an indictment against the defendant in a court of another part of Australia, the first‑mentioned court shall:
if the defendant is in custody—forthwith; or
in any other case—as soon as practicable after the time at which the defendant is to appear before that court;
make an order directing that the defendant be taken, as soon as practicable, in the custody of such person as it directs, to the part of Australia in which the indictment was filed and there be delivered to the custody of a person having authority to arrest the defendant, and may make such further orders as it thinks necessary for facilitating the carrying into effect of the first‑mentioned order.
If:
at the time at which the defendant is to appear before a court pursuant to an order under subsection (1), neither the Attorney‑General nor the Director of Public Prosecutions has notified that court that he or she does not intend to file an indictment against the defendant in a court in another part of Australia;
neither the Attorney‑General nor the Director of Public Prosecutions notifies the first‑mentioned court before or at that time that he or she has filed such an indictment; and
the defendant is in custody;
the first‑mentioned court shall, at that time, make an order directing that the defendant be released.
Where an order has been made under subsection (1) in relation to an indictment, the proceedings on that indictment do not, and that order does not, prevent or prejudice any other indictment, or any information, against the defendant, whether on the same charge or on any other charge.
The jurisdiction of a court under subsection (3), (4) or (5) may be exercised by the court constituted by a single judge or Magistrate.
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