Criminal Code Act 1995

Proceedings for the commitment of a person for trial for an offence against this Division must not be instituted without the written consent of the Attorney‑General.

However, the following steps may be taken (but no further steps in proceedings may be taken) without consent having been given:

a person may be arrested for the offence and a warrant for such an arrest may be issued and executed;

a person may be charged with the offence;

a person so charged may be remanded in custody or on bail.

Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.

In deciding whether to consent, the Attorney‑General must consider whether the conduct might be authorised in a way mentioned in:

for an offence against section 83.3—subsection 83.3(1A), (1B), (1C), (1D), (2), (3) or (4A); and

for an offence against section 83.1 or 83.4—section 80.3.