Instituting prosecutions for offences against this Division
45 Instituting prosecutions for offences against this Division
A prosecution under this Division may be instituted only by or with the consent of:
the Attorney‑General; or
a person acting under the Attorney‑General’s direction.
However:
a person charged with an offence against this Division may be arrested, or a warrant for the person’s arrest may be issued and executed; and
such a person may be remanded in custody or on bail;
even if the consent of the Attorney‑General or a person acting under the Attorney‑General’s direction has not been obtained, but no further proceedings are to be taken until that consent has been obtained.
Nothing in subsection (1) or (2) prevents the discharging of the accused if proceedings are not continued within a reasonable time.
This Act’s bill:Explanatory memorandumSecond reading speech
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