Document ID: chunk:federal_register_of_legislation:C2015A00132:clause:1_40
Version: federal_register_of_legislation:C2015A00132
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 12400–13112

40  Subsections 23BH(1) and (2)
Repeal the subsections, substitute:
 (1) The prosecutor may, in accordance with the Rules of Court, amend or replace an indictment in relation to an accused at any time when:
 (a) no date has been set for the start of the trial of the accused on the indictment; or
 (b) the 90 day period ending on the date set for the start of the trial of the accused on the indictment has not started.
Note: A trial starts when the accused is arraigned before a jury (see subsection 23FA(2)).
 (2) If the 90 day period ending on the date set for the start of the trial has started, or the trial has started, the prosecutor may only amend or replace the indictment with the leave of the Court.