Commonwealth Numbered Acts

IMMIGRATION (UNAUTHORIZED ARRIVALS) ACT 1980 No. 112 of 1980 - SECT 23

23. (1) Proceedings for-

   (a)  the commitment of a person for trial on indictment for an offence
        against sub-section 6 (1), (2), (3) or (4), 7 (1), 18 (4) or 19 (4);
        or

   (b)  the summary prosecution of an offence against sub-section 6 (1), (2),
        (3) or (4), 7 (1), 18 (4) or 19 (4), shall not be instituted except
        with the consent in writing of the Attorney- General or of a person
        authorized by the Attorney-General, by writing under his hand, to give
        such a consent.

(2) Notwithstanding that a consent has not been given in relation to an
offence against a provision of this Act in accordance with sub-section (1)-

   (a)  a person may be charged with such an offence;

   (b)  a person may be arrested for such an offence, and a warrant for such
        an arrest may be issued and executed; and

   (c)  a person so charged may be remanded in custody or on bail, but no
        further step in proceedings of a kind referred to in that sub-section
        shall be taken in relation to the offence until such a consent has
        been obtained.

(3) Nothing in sub-section (2) shall be taken to prevent the discharging of
the accused if the proceedings are not continued within a reasonable time.