WAR CRIMES ACT 1945 - SECT 14 Objection to venue

WAR CRIMES ACT 1945 - SECT 14

  (1)   This section applies where a proceeding for an offence against this Act is being held in a State or internal Territory.

  (2)   The defendant may apply to the magistrate or judge for an order that all proceedings for the offence be held in another State or internal Territory.

  (3)   An application may only be made:

  (a)   as soon as reasonably practicable after the defendant is charged with the offence; or

  (b)   at such later time as the magistrate or judge allows.

  (4)   If an application is made, the magistrate or judge shall, unless he or she is satisfied on the balance of probabilities that the defendant, when charged with the offence:

  (a)   was a resident of the State or Territory referred to in subsection   ( 1); or

  (b)   was not a resident of that other State or Territory;

order that all proceedings for the offence be held in that other State or Territory.

  (5)   An order under this section is subject to appeal or review to the same extent, and in the same manner, as any other order or decision by the magistrate or judge made in the proceeding.

  (6)   For the purposes of this section, the Australian Capital Territory and the Jervis Bay Territory constitute a single Territory.