Commonwealth Consolidated Acts

CRIMES (FOREIGN INCURSIONS AND RECRUITMENT) ACT 1978 - SECT 10

             (1)  Proceedings for the commitment of a person for trial on indictment for an offence against this Act, or for the summary trial of a person for an offence against this Act, shall not be instituted except with the consent in writing of the Attorney‑General.

             (2)  Notwithstanding that a consent has not been given in relation to the offence in accordance with subsection (1):

                     (a)  a person may be charged with an offence against this Act;

                     (b)  a person may be arrested for an offence against this Act, and a warrant for such an arrest may be issued and executed; and

                     (c)  a person so charged may be remanded in custody or on bail;

but no further step in proceedings referred to in subsection (1) shall be taken in relation to the offence until such a consent has been given.

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

             (4)  A reference in this section to an offence against this Act includes a reference to an offence against section 6 of the Crimes Act 1914 , or section 11.1, 11.4 or 11.5 of the Criminal Code , being an offence that relates to an offence against this Act.