Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 85

Institution of prosecution

             (1)  A prosecution under this Part shall be instituted only by or with the consent of the Attorney-General or of a person acting under his or her direction but a person charged with an offence against this Part may be arrested, or a warrant for his or her arrest may be issued and executed, and he or she may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General or a person acting under his or her direction has not been obtained, but no further proceedings shall be taken until that consent has been obtained.

             (2)  Nothing in this section shall prevent the discharging of the accused if proceedings are not continued within a reasonable time.



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