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CRIMES (INTERNATIONALLY PROTECTED PERSONS) ACT 1976 - SECT 12

Prosecutions

  (1)   Subject to subsection   ( 2), a prosecution for an offence against this Act shall be on indictment.

  (2)   Where the law of a State or Territory makes provision for a person who pleads guilty to a charge in proceedings for the person's commitment for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence against this Act may be dealt with in accordance with that law.

  (3)   Proceedings for the commitment of a person for trial on indictment for an offence against this Act shall not be instituted except with the consent in writing of the Attorney - General or a person authorized by the Attorney - General, by instrument in writing, to give such consents.

  (4)   Notwithstanding that a consent has not been given in relation to the offence in accordance with subsection   ( 3):

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

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

  (c)   a person so charged may be remanded in custody or on bail;

but no further step in proceedings referred to in subsection   ( 3) shall be taken in relation to the offence until such a consent has been given.

  (5)   Nothing in subsection   ( 4) prevents the discharge of the accused if proceedings are not continued within a reasonable time.



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