Document ID: chunk:federal_register_of_legislation:C2024C00591:section:105eb
Version: federal_register_of_legislation:C2024C00591
Segment Type: section
Provision Reference: s 105EB
Character Range: 286244–287654

105EB  Attorney‑General's consent required for prosecution
 (1) The Attorney‑General's written consent is required before a charge of an offence against section 105E or 105EA, alleged to have been committed by a person other than an Australian national, can proceed to hearing or determination.
 (2) Before granting such a consent, the Attorney‑General must take into account any views expressed by the government of the country of nationality of the boat alleged to be involved in the offence.
 (3) Even though the Attorney‑General has not granted such a consent, the absence of consent is not to prevent or delay:
 (a) the arrest of the suspected offender or proceedings related to arrest (such as proceedings for the issue and execution of a warrant); or
 (b) the laying of a charge against the suspected offender; or
 (c) proceedings for the extradition to Australia of the suspected offender; or
 (d) proceedings for remanding the suspected offender in custody or on bail.
 (4) If the Attorney‑General declines to grant consent, the court in which the suspected offender has been charged with the offence must permanently stay proceedings on the charge.
 (5) In any proceedings, an apparently genuine document purporting to be a copy of a written consent granted by the Attorney‑General in accordance with this section will be accepted, in the absence of proof to the contrary, as proof of such consent.