Commonwealth Numbered Acts

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SOUTH PACIFIC NUCLEAR FREE ZONE TREATY ACT 1986 No. 140, 1986 - SECT 33

Consent to prosecutions
33. (1) A reference in this section to relevant proceedings is a reference to
proceedings for the commitment of a person for trial on indictment for an
offence against a provision of Part II.

(2) Relevant proceedings shall not be instituted except with the consent in
writing of the Attorney-General or a person authorised by the Attorney-
General, in writing, to give such consents.

(3) Notwithstanding that a consent has not been given in relation to relevant
proceedings in accordance with sub-section (2)-

   (a)  a person may be charged with an offence against a provision of Part
        II;

   (b)  a person may be arrested for such an offence, and a warrant for such
        an arrest may be issued and executed; and

   (c)  a person so charged may be remaded in custody or on bail, but no
        further step in such proceedings shall be taken in relation to the
        offence until such a consent has been given.

(4) Nothing in sub-section (3) shall prevent the discharging of the accused if
proceedings are not continued within a reasonable time.

(5) A reference in this section to an offence against a provision of Part II
includes a reference to-

   (a)  an offence against section 6, 7 or 7A of the Crimes Act 1914 in
        relation to an offence against a provision of that Part; and

   (b)  an offence against sub-section 86 (1) of the Crimes Act 1914 by virtue
        of paragraph (a) of that sub-section being an offence in relation to
        an offence against a provision of that Part. 


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