Document ID: chunk:federal_register_of_legislation:C2004A03942:section:1979:p12
Version: federal_register_of_legislation:C2004A03942
Segment Type: section
Provision Reference: s 1979 (pt 12/27)
Character Range: 28471–31094

the Crimes (Aircraft) Act 19635.

Prosecutions

15. Section 21 of the Principal Act is amended by adding at the end the following subsection:

"(4) A reference in this section to an offence against this Act includes a reference to an offence against:

    (a) section 6, 7 or 7a of the Crimes Act 1914; or

    (b) subsection 86 (1) of that Act by virtue of paragraph (a) of that subsection;

that relates to an offence against this Act.".

Jurisdiction of courts

16. Section 22 of the Principal Act is amended by omitting from subsection (2) all the words after "paragraphs" and substituting "39 (2) (a) and (c) of the Judiciary Act 1903."..

Offences against Parts III and IIIa

17. Section 22a of the Principal Act is amended:

    (a) by omitting from subsections (1) and (2) "section 18" and substituting "Part III or IIIa";

    (b) by adding at the end the following subsection:

    "(5) A reference in this section to an offence against Part III or IIIa, or an offence against section 18, includes a reference to an offence against:

      (a) section 6 or 7 of the Crimes Act 1914; or

      (b) subsection 86 (1) of that Act by virtue of paragraph (a) of that subsection;

    that relates to an offence against Part III or IIIa, or an offence against section 18, as the case may be.".

PART 7—AMENDMENTS OF THE CRIMES (FOREIGN INCURSIONS AND RECRUITMENT) ACT 1978

Principal Act

18. In this Part, "Principal Act" means the Crimes (Foreign Incursions and Recruitment) Act 19786.

19. After section 9 of the Principal Act the following section is inserted:

Mode of trial

"9a. (1) Subject to subsection (2), a prosecution for an offence against this Act shall be on indictment.

"(2) Where the law of a State or Territory makes provision 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 against this Act may be dealt with in accordance with that law.

"(3) A reference in this section to an offence against this Act includes a reference to an offence against:

    (a) section 6 or 7 of the Crimes Act 1914; or

    (b) subsection 86 (1) of that Act by virtue of paragraph (a) of that subsection;

that relates to an offence against this Act.".

Consent of Attorney-General required for prosecutions

20. Section 10 of the Principal Act is amended:

    (a) by inserting in subsection (1) "', or for the summary trial of a person for an offence against this Act," after "against this Act";

    (b) by adding