Document ID: chunk:federal_register_of_legislation:C2016C00524:section:12
Version: federal_register_of_legislation:C2016C00524
Segment Type: section
Provision Reference: s 12
Character Range: 18025–19445

12  Prosecutions
 (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) Proceedings for the commitment of a person for trial on indictment for an offence against this Act shall not be instituted except with the consent in writing of the Attorney‑General or a person authorized by the Attorney‑General, by instrument in writing, to give such consents.
 (4) Notwithstanding that a consent has not been given in relation to the offence in accordance with subsection (3):
 (a) a person may be charged with an offence against this Act;
 (b) a person may be arrested for an offence against this Act, and a warrant for such an arrest may be issued and executed; and
 (c) a person so charged may be remanded in custody or on bail;
but no further step in proceedings referred to in subsection (3) shall be taken in relation to the offence until such a consent has been given.
 (5) Nothing in subsection (4) prevents the discharge of the accused if proceedings are not continued within a reasonable time.