Commonwealth Consolidated Acts

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  (1)   Indictable offences against the laws of the Commonwealth shall be prosecuted by indictment in the name of the Attorney - General of the Commonwealth or of such other person as the Governor - General appoints in that behalf.

  (2)   Any such appointment shall be by commission in the Queen's name, and may extend to the whole Commonwealth or to any State or part of the Commonwealth.

  (2A)   Nothing in subsection   (1):

  (a)   affects the power of the Director of Public Prosecutions to prosecute by indictment in his or her official name; or

  (b)   affects, or shall be taken to have affected, the power of a Special Prosecutor to prosecute by indictment in his or her own name;

indictable offences against the laws of the Commonwealth.

  (3)   Any person committed for trial for an offence against the laws of the Commonwealth may at any time within fourteen days after committal and before the jury is sworn apply to a Justice sitting other than in open court or to a Judge of the Supreme Court of a State for the appointment of counsel for his or her defence. If it be found to the satisfaction of the Justice or Judge that such person is without adequate means to provide defence for himself or herself, and that it is desirable in the interests of justice that such an appointment should be made, the Justice or Judge shall certify this to the Attorney - General, who may if he or she thinks fit thereupon cause arrangements to be made for the defence of the accused person or refer the matter to such legal aid authorities as the Attorney - General considers appropriate. Upon committal the person committed shall be supplied with a copy of this subsection.

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