Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:1_18
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 1 cl 18
Character Range: 70974–72720

18  Section 93.1 of the Criminal Code
Repeal the section, substitute:

93.1  Consent of Attorney‑General required for prosecutions
 (1) Proceedings for the commitment of a person for trial for an offence against this Part must not be instituted without:
 (a) the written consent of the Attorney‑General; and
 (b) for proceedings that relate to information or an article that has a security classification—a certification by the Attorney‑General that, at the time of the conduct that is alleged to constitute the offence, it was appropriate that the information or article had a security classification.

 (2) However, the following steps may be taken (but no further steps in proceedings may be taken) without consent or certification having been obtained:
 (a) a person may be arrested for the offence and a warrant for such an arrest may be issued and executed;
 (b) a person may be charged with the offence;
 (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.

 (4) In deciding whether to consent, the Attorney‑General must consider whether the conduct might be authorised:
 (a) for an offence against Subdivision A of Division 91 (espionage)—in a way mentioned in section 91.4; and
 (b) for an offence against Subdivision B of Division 91 (espionage on behalf of foreign principal)—in a way mentioned in section 91.9; and
 (c) for an offence against Subdivision B of Division 92 (foreign interference)—in a way mentioned in section 92.5; and
 (d) for an offence against Subdivision C of Division 92 (foreign interference involving foreign intelligence agencies)—in a way mentioned in section 92.11.