Document ID: chunk:federal_register_of_legislation:C2018C00156:section:48:p1
Version: federal_register_of_legislation:C2018C00156
Segment Type: section
Provision Reference: s 48 (pt 1/2)
Character Range: 54643–57247

48  Change of venue
 (1) Where, after an indictment for an offence against this Act committed on an aircraft in flight is presented in a State or Territory court, and before a verdict is given:
 (a) the defendant objects to the trial on the ground that the offence, if committed, was committed in another part of Australia; and
 (b) the court is satisfied that the offence, if committed, was committed in that other part of Australia;
the court must immediately make the following orders:
 (c) that the proceedings on the indictment be discontinued;
 (d) if a jury is empanelled—that the jury be discharged;
 (e) that the defendant appear before a specified court of the first‑mentioned State or Territory at a specified time to be dealt with in accordance with this section.
 (2) The court must not specify a time, for the purposes of paragraph (1)(e), that is later than 28 days after the day on which the order is made.
 (3) Where a court makes an order under subsection (1), it may also:
 (a) order that the defendant be kept in the custody specified in the order; or
 (b) admit the defendant to bail on such recognizances as it thinks fit.
 (4) If, before the time when the defendant is to appear before a court, the Attorney‑General or the Director of Public Prosecutions notifies that court that an indictment will not be filed against the defendant in a court of another part of Australia, the notified court must, as soon as practicable after it is notified, make an order:
 (a) discharging the defendant from the obligation to appear before that court at that time; and
 (b) if the defendant is in custody—directing that the defendant be released; and
 (c) if the defendant has been admitted to bail—directing that the relevant recognizances be discharged.
 (5) If, at or before the time when the defendant is to appear before a court, the Attorney‑General or the Director of Public Prosecutions notifies that court that an indictment has been filed against the defendant in a court of another part of Australia, the notified court must make an order directing:
 (a) that the defendant be taken, as soon as practicable and in the custody of such person as it directs, to the part of Australia where the indictment was filed; and
 (b) that the defendant there be delivered to the custody of a person who has authority to arrest the defendant;
and may make such other orders as it thinks necessary for carrying out that order.
 (6) An order under subsection (5) must be made:
 (a) if the defendant is in custody—immediately after the court is notified under that subsection; and
 (b) in any other