Document ID: chunk:federal_register_of_legislation:C2005C00496:clause:1_5:p3
Version: federal_register_of_legislation:C2005C00496
Segment Type: clause
Provision Reference: sch 1 cl 5 (pt 3/4)
Character Range: 11025–13728

bail by a judge of the Supreme Court of a State or Territory. This subsection has effect despite anything in section 93.1.

Note: Section 93.1 deals with how a prosecution is instituted.

 (7) Section 15.4 of the Criminal Code (extended geographical jurisdiction—category D) applies to offences under this section.

91.2  Defence—information lawfully available

 (1) It is a defence to a prosecution of an offence against subsection 91.1(1) or (2) that the information the person communicates or makes available is information that has already been communicated or made available to the public with the authority of the Commonwealth.

 (2) It is a defence to a prosecution of an offence against subsection 91.1(3) or (4) that the record of information the person makes, obtains or copies is a record of information that has already been communicated or made available to the public with the authority of the Commonwealth.

Note: A defendant bears an evidential burden in relation to the matters in subsections (1) and (2). See subsection 13.3(3).

Division 93—Prosecutions and hearings

93.1  Institution of prosecution

 (1) A prosecution under this Part may be instituted only by, or with the consent of, the Attorney‑General or a person acting under the Attorney‑General's direction.

 (2) However:
 (a) a person charged with an offence against this Part may be arrested, or a warrant for his or her arrest may be issued and executed; and
 (b) such a person may be remanded in custody or on bail;
even if the consent of the Attorney‑General or a person acting under his or her direction has not been obtained, but no further proceedings are to be taken until that consent has been obtained.

 (3) Nothing in this section prevents the discharging of the accused if proceedings are not continued within a reasonable time.

93.2  Hearing in camera etc.

 (1) This section applies to a hearing of an application or other proceedings before a federal court, a court exercising federal jurisdiction or a court of a Territory, whether under this Act or otherwise.

 (2) At any time before or during the hearing, the judge or magistrate, or other person presiding or competent to preside over the proceedings, may, if satisfied that it is in the interest of the security or defence of the Commonwealth:
 (a) order that some or all of the members of the public be excluded during the whole or a part of the hearing; or
 (b) order that no report of the whole or a specified part of, or relating to, the application or proceedings be published; or
 (c) make such order and give such directions as he or she thinks necessary for ensuring that no person, without the approval of the court, has access (whether