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JUDICIARY ACT 1903 - SECT 71A Trial of indictable offence without preliminary examination

JUDICIARY ACT 1903 - SECT 71A

Trial of indictable offence without preliminary examination

  (1)   Notwithstanding anything contained in this Part, or any provision of any law of a State or Territory, the Attorney - General of the Commonwealth may file an indictment for any indictable offence against the laws of the Commonwealth in:

  (a)   the High Court; or

  (b)   if the Federal Court of Australia has jurisdiction to try a person for the offence--that Court; or

  (c)   the Supreme Court of a State or Territory;

without examination or commitment for trial.

  (2)   Upon an indictment being so filed, the Court or a Justice or Judge thereof, may cause a summons to be issued to the defendant to appear at the time and place mentioned in the summons there to answer the charge mentioned in the indictment, or may issue a warrant for the defendant's arrest, and may hold the defendant in custody or admit the defendant to bail.

  (3)   Nothing in subsection   ( 1) affects the power under subsection   6(2D) of the Director of Public Prosecutions Act 1983 of the Director of Public Prosecutions.