Criminal Procedure Regulation 2017

This clause applies to—

any application to the Supreme Court or District Court for an order staying or quashing an indictment, and

any demurrer to an indictment.

Unless the court otherwise orders, an application or demurrer to which this clause applies must not be listed for hearing unless it has been filed within the prescribed time after a copy of the draft indictment was given to the accused person or the accused person’s Australian legal practitioner under clause 7 (3) or (6).

For the purposes of this clause, the prescribed time is—

1 month, in the case of an accused person who is in custody for the offence to which the indictment relates, or

3 months, in any other case.