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INTELLIGENCE SERVICES ACT 2001 - SECT 41A

Offences against this Division--general rules

Extended geographical jurisdiction

             (1)  Section 15.4 of the Criminal Code (extended geographical jurisdiction--category D) applies to an offence against this Division.

             (2)  Subsection (1) does not, by implication, affect the interpretation of any other provision of this Act.

Institution of prosecution

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

             (4)  However:

                     (a)  a person charged with an offence against this Division 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.

             (5)  Nothing in subsection (3) or (4) prevents the discharging of the accused if proceedings are not continued within a reasonable time.



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