Document ID: chunk:federal_register_of_legislation:C2016C00940:section:33
Version: federal_register_of_legislation:C2016C00940
Segment Type: section
Provision Reference: s 33
Character Range: 39215–40636

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.