Commonwealth Consolidated Acts

FEDERAL COURT OF AUSTRALIA ACT 1976 - SECT 23BG

  (1)   If the accused is committed for trial before the Court for an indictable offence and an indictment is not filed in the Court within the time required by section   23BF, the Court may:

  (a)   discharge the accused; and

  (b)   make such other orders as it thinks appropriate in the circumstances.

  (2)   Subsection   (1) has effect subject to subsections   (3) and (4).

  (3)   The Court must not:

  (a)   proceed with the trial as if an indictment had been filed in the Court; or

  (b)   acquit the accused of the offence.

  (4)   Subsection   (1) does not apply if an indictment of the accused for the indictable offence is filed in another court that has jurisdiction in relation to the offence.