Commonwealth Numbered Acts

CRIMES (PROTECTION OF AIRCRAFT) ACT 1973 No. 34 of 1973 - SECT 19

19. (1) Where, at any time after the presentation in a court of a State or
Territory of an indictment for an offence against this Act committed on an
aircraft in flight and before the jury has returned its verdict-

   (a)  the defendant objects to the trial on the ground that the offence, if
        committed, was committed in another part of Australia, being a State;
        and

   (b)  the Judge is satisfied that the offence, if committed, was committed
        in that other part of Australia, the Judge shall forthwith order that
        the proceedings on the indictment be discontinued and, if the jury has
        been empanelled, that the jury be discharged, and that the defendant
        appear before that court or another court of the first-mentioned State
        or Territory at a specified time, not later than twenty-eight days
        after the date on which the order is made, to be dealt with in
        accordance with this section.

(2) Where a Judge makes an order under sub-section (1), he may also-

   (a)  order that the defendant be kept in such custody as is specified in
        the order; or

   (b)  admit the defendant to bail, on such recognizances as the Judge thinks
        fit.

(3) If, before the time at which the defendant is to appear before a court,
the Attorney-General notifies that court that he does not intend to file an
indictment against the defendant in a court of another part of Australia, the
first-mentioned court shall, as soon as practicable after being so notified,
make an order-

   (a)  discharging the defendant from his obligation to appear before that
        court at that time; and

   (b)  directing-

        (i)    if the defendant is held in custody-that he be released; or

        (ii)   if he has been admitted to bail-that the recognizances upon
               which he was admitted to bail be discharged.

(4) If, at or before the time at which the defendant is to appear before a
court, the Attorney-General notifies that court that he has filed an
indictment against the defendant in a court of another part of Australia, the
first-mentioned court shall-

   (a)  if the defendant is in custody-forthwith; or

   (b)  in any other case-as soon as practicable after the time at which the
        defendant is to appear before that court, make an order directing that
        the defendant be taken, as soon as practicable, in the custody of such
        person as it directs, to the part of Australia in which the indictment
        was filed and there be delivered to the custody of a person having
        authority to arrest him, and may make such further orders as it thinks
        necessary for facilitating the carrying into effect of the
        first-mentioned order.

(5) If-

   (a)  the Attorney-General-

        (i)    does not, before the time at which the defendant is to appear
               before a court, notify that court that he does not intend to
               file an indictment against the defendant in a court of another
               part of Australia; and

        (ii)   does not, at or before that time, notify the first- mentioned
               court that he has filed such an indictment; and

   (b)  the defendant is in custody, the first-mentioned court shall, at that
        time, make an order directing that he be released.

(6) Where an order has been made under sub-section (1) in relation to an
indictment, the proceedings on that indictment do not, and that order does
not, prevent or prejudice any other indictment, or any information, against
the defendant, whether on the same charge or on any other charge.

(7) The jurisdiction of a court under sub-section (3), (4) or (5) may be
exercised by the court constituted by a single judge or Magistrate.