Document ID: chunk:federal_register_of_legislation:C2018C00506:clause:2_6:p12
Version: federal_register_of_legislation:C2018C00506
Segment Type: clause
Provision Reference: sch 2 cl 6 (pt 12/12)
Character Range: 111566–113101

same respective meanings as in Part 5.2.

123.3  Extended geographical jurisdiction—category D
  Section 15.4 (extended geographical jurisdiction—category D) applies to an offence against this Part.

123.4  Effect of this Part on other rights, privileges, immunities or defences
  Nothing in this Part limits or affects any other right, privilege, immunity or defence existing apart from this Part.

123.5  Requirements before proceedings can be initiated
 (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 security classified information—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 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 in a way mentioned in section 122.5.