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SOUTH PACIFIC NUCLEAR FREE ZONE TREATY ACT 1986 - SECT 33

Consent to prosecutions

  (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 subsection   ( 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 remanded 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 subsection   ( 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 of the Crimes Act 1914 in relation to an offence against a provision of that Part; and

  (b)   an offence against section   11.1, 11.4 or 11.5 of the Criminal Code , being an offence in relation to an offence against a provision of that Part.



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