Document ID: chunk:federal_register_of_legislation:C2024C00809:section:6:p3
Version: federal_register_of_legislation:C2024C00809
Segment Type: section
Provision Reference: s 6 (pt 3/6)
Character Range: 13023–15759

Where a person has been committed for trial in respect of an indictable offence or indictable offences against the laws of the Commonwealth, the Director may, whether or not the Director institutes a prosecution on indictment for the offence, or for all or any of the offences, for which the person was committed for trial, institute a prosecution of the person on indictment for:
 (a) an offence for which the person was examined but not committed for trial; or
 (b) any other offence founded on facts or evidence disclosed in the course of committal proceedings;
without:
 (c) where paragraph (a) applies—the person having been committed for trial in respect of the offence; or
 (d) where paragraph (b) applies—the person having been examined or committed for trial in respect of the offence.
 (2C) Where:
 (a) a person has been committed for trial otherwise than in respect of an offence against the laws of the Commonwealth; and
 (b) the Director is satisfied:
 (i) that the facts or evidence on the basis of which the person was committed for trial disclose the commission of an indictable offence or indictable offences against the laws of the Commonwealth; and
 (ii) that, had the person's committal for trial for the indictable offence or indictable offences been sought on the basis of those facts or that evidence, the person could have been committed for trial for the indictable offence or indictable offences;
the Director may institute a prosecution on indictment of the person for the indictable offence or indictable offences or any of the indictable offences without the person having been examined or committed for trial.
 (2D) Subject to subsection (2E), in any other case where the Director considers it appropriate to do so, the Director may institute a prosecution of a person on indictment for an indictable offence against the laws of the Commonwealth in respect of which the person has not been examined or committed for trial.
 (2E) Notwithstanding anything contained in subsection (2D), the Director may not institute a prosecution of a person on indictment for an offence against the War Crimes Act 1945 unless the person has first been examined or committed for trial.
 (2F) If a person is committed for trial before a court (the initial court) for one or more indictable offences against the laws of the Commonwealth, the Director may institute in another court (the later court) a prosecution of the person on indictment for any or all of the offences.
 (2G) Subsection (2F) applies even if the Director has instituted a prosecution (the initial prosecution) before the initial court for any or all of the offences. However, the Director must discontinue the initial prosecution in respect of each offence