Commonwealth Consolidated Acts

PUBLIC ORDEU(PROTECTION OF PERSONS AND PROPERTY) ACT 1971 - SECT 23

(1)

Offences against this Act, other than an offence against subsection 7(1) or subsection 16(1), are punishable on summary conviction.

(2)

Proceedings for:

(a)

the commitment of a person for trial on indictment for an offence against this Act; or

(b)

the summary prosecution of an offence against this Act;

shall be instituted only with the consent in writing of the Director of Public Prosecutions, or of a person, or of a person included in a class of persons, authorized by the Director of Public Prosecutions, by writing, to give such consents.

(3)

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

(a)

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

(b)

a warrant for the arrest of a person for such an offence may be issued;

(c)

a person may be arrested for such an offence; and

(d)

a person charged with such an offence may be remanded in custody or on bail;

but no further step in proceedings of a kind referred to in that subsection shall be taken in relation to the offence until such a consent has been obtained.

(4)

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