Criminal Code Act 1899

Subject to section 561, when a person charged with an indictable offence has been committed for trial and it is intended to put the person upon his or her trial for the offence, the director of public prosecutions or a Crown prosecutor must present the indictment no later than 6 months after the date on which the person was committed for trial.

If—

an indictment is not so presented; or

it becomes apparent that evidence necessary to establish the offence is not going to be available; or

the accused has absconded and is not likely to be found before the expiry of the period; or

for any other reason it is impracticable to present the indictment;

the director of public prosecutions or a Crown prosecutor may apply to the court at any time before or after the expiry of the period for an extension of time within which to present an indictment.

The court hearing the application may, if satisfied that good cause is shown and no miscarriage of justice is likely to result, grant the extension of time the court considers just.

If an indictment is not presented before the expiry of the period or any extension of the period, the person is entitled to be discharged from the consequences of his or her committal. sch 1 pt 8 ch 62 ch div 1 s 590 sub 1975 No. 27 s 21; 1997 No. 3 s 106