Document ID: chunk:federal_register_of_legislation:C2025C00060:section:10:p13
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 10 (pt 13/23)
Character Range: 1157830–1160566

not take place except with the consent in writing of the Attorney‑General.
 (2) Even though a consent in accordance with subsection (1) has not been given in relation to an offence against this Division:
 (a) a person may be arrested for the offence, and a warrant for the arrest of a person for the offence may be issued and executed; and
 (b) a person may be charged with the offence; and
 (c) a person so charged may be remanded in custody or on bail;
but no further step in proceedings referred to in subsection (1) is to be taken until such a consent has been given.
 (3) Subsection (2) does not prevent the discharge of the accused if proceedings are not continued within a reasonable time.

274.4  No defence of exceptional circumstances or superior orders
  It is not a defence in a proceeding for an offence under this Division that:
 (a) the conduct constituting the offence was done out of necessity arising from the existence of a state of war, a threat of war, internal political instability, a public emergency or any other exceptional circumstance; or
 (b) in engaging in the conduct constituting the offence the accused acted under orders of a superior officer or public authority;
but the circumstances referred to in paragraphs (a) and (b) may, if the accused is convicted of the offence, be taken into account in determining the proper sentence.

274.5  Jurisdiction of State/Territory courts preserved
  For the purposes of section 38 of the Judiciary Act 1903, a matter arising under this Division, including a question of interpretation of the Convention, is taken not to be a matter arising directly under a treaty.

274.6  Concurrent operation intended
  This Division is not intended to exclude or limit the concurrent operation of any other law of the Commonwealth or any law of a State or Territory.

274.7  Double jeopardy
  If a person has been convicted or acquitted in a country outside Australia of an offence against the law of that country in respect of any conduct, the person cannot be convicted of an offence under this Division in respect of that conduct.

Division 279—Video link evidence

279.1  Proceedings to which this Division applies
  This Division applies to a proceeding for an offence against any of the following Divisions of this Chapter:
 (a) Division 270 (slavery and slavery‑like offences);
 (b) Division 271 (trafficking in persons);
 (c) Division 272 (child sex offences outside Australia);
 (d) Division 273 (offences involving child abuse material outside Australia);
 (e) Division 273B (protection of children).

279.2  When court may take evidence by video link
  In a proceeding, the court may, on application by a party to the proceeding, direct that a witness give evidence