Commonwealth Consolidated Acts

CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976 - SECT 12

(1)

Subject to subsection (2), a prosecution for an offence against this Act shall be on indictment.

(2)

Where the law of a State or Territory makes provision for a person who pleads guilty to a charge in proceedings for the person's commitment for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence against this Act may be dealt with in accordance with that law.

(3)

Proceedings for the commitment of a person for trial on indictment for an offence against this Act shall not be instituted except with the consent in writing of the Attorney-General or a person authorized by the Attorney-General, by instrument in writing, to give such consents.

(4)

Notwithstanding that a consent has not been given in relation to the offence in accordance with subsection (3):

(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 (3) shall be taken in relation to the offence until such a consent has been given.

(5)

Nothing in subsection (4) prevents the discharge of the accused if proceedings are not continued within a reasonable time.