Commonwealth Consolidated Acts

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COMMONWEALTH PLACES (APPLICATION OF LAWS) ACT 1970 - SECT 12

Procedure in proceedings under the applied provisions

  (1)   Subject to this Act, proceedings (whether civil or criminal and whether original or appellate) under any part of the applied provisions shall be instituted and conducted in the same manner as though they were proceedings under the law of the State to which that part corresponds and all other proceedings in relation to any such proceedings (including declining to proceed further in a prosecution) shall also be taken as though the first - mentioned proceedings were proceedings under that law.

  (2)   Where there is not in force an arrangement with the Governor of a State under subsection   ( 2) of section   6 of this Act, the last preceding subsection does not prevent the institution or conduct, in accordance with a law of the Commonwealth other than this Act, of proceedings under any part of the applied provisions having effect in or in relation to Commonwealth places in that State.

  (3)   The trial on indictment of an offence against any part of the applied provisions shall be by jury.



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