Document ID: chunk:federal_register_of_legislation:C2015C00568:clause:1_110:p11
Version: federal_register_of_legislation:C2015C00568
Segment Type: clause
Provision Reference: sch 1 cl 110 (pt 11/11)
Character Range: 154240–156642

the law of a State or Territory provides 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 referred to in subsection (1) may be dealt with in accordance with that law.

119.11  Consent of Attorney‑General required for prosecutions
 (1) Proceedings for the commitment of a person for the following must not be instituted without the written consent of the Attorney‑General:
 (a) the trial on indictment for an offence against the following provisions:
 (i) this Division;
 (ii) section 6 of the Crimes Act 1914 to the extent that it relates to an offence against this Division;
 (b) the summary trial of a person for an offence referred to in paragraph (a).
 (2) However, the following steps may be taken (but no further steps in proceedings may be taken) without consent having been given:
 (a) a person may be charged with an offence referred to in paragraph (1)(a);
 (b) a person may be arrested for an offence referred to in paragraph (1)(a), and a warrant for such an arrest may be issued and executed;
 (c) a person so charged may be remanded in custody or on bail.
 (3) Nothing in subsection (2) prevents the discharge of the accused if proceedings are not continued within a reasonable time.

119.12  Declarations for the purposes of proceedings
 (1) The Foreign Affairs Minister may, in writing, declare that:
 (a) a specified authority is in effective governmental control in a specified foreign country or part of a foreign country; or
 (b) a specified organisation is not an armed force, or part of an armed force, of the government of a foreign country.
 (2) The Defence Minister may, in writing, declare that if a specified person had done a specified act (being an act alleged to constitute an offence) the person would not have been acting in the course of the person's duty to the Commonwealth in relation to the defence or international relations of Australia.
 (3) Without limiting subsection (1) or (2), a declaration under that subsection may be made in relation to a specified day or period.
 (4) In proceedings for an offence referred to in paragraph 119.11(1)(a), a certificate under this section is prima facie evidence of the matters stated in the certificate.

Customs Act 1901