Document ID: chunk:federal_register_of_legislation:C2018C00180:section:10
Version: federal_register_of_legislation:C2018C00180
Segment Type: section
Provision Reference: s 10
Character Range: 6334–7953

10  Prosecutions
 (1) Subject to subsection (2), all offences against this Act (including offences that are taken to have been committed because of section 11.2 or 11.2A of the Criminal Code), or against section 11.1 or 11.4 of the Criminal Code in relation to this Act, are indictable offences and are not triable summarily.
 (2) Where the law of a State or Territory makes provision for a person who pleads guilty to a charge in proceedings for his or her 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 referred to in subsection (1) may be dealt with in accordance with that law.
 (3) Proceedings for the commitment of a person for trial on indictment for an offence referred to in subsection (1) shall not be instituted except with the consent in writing of the Attorney‑General or of a person authorized by the Attorney‑General, by writing signed by him or her, to give such consents.
 (4) Notwithstanding that a consent in accordance with subsection (3) has not been given in relation to an offence referred to in subsection (1):
 (a) a person may be charged with the offence;
 (b) a person may be arrested for the offence, 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 for the offence shall be taken until such a consent has been given.
 (5) Nothing in subsection (4) prevents the discharging of the accused if proceedings are not continued within a reasonable time.