Commonwealth Consolidated Acts

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Discharge of persons committed for trial

             (1)  When any person is under commitment upon a charge of an indictable offence against the laws of the Commonwealth, the Attorney-General or such other person as the Governor-General appoints in that behalf may decline to proceed further in the prosecution, and may, if the person is in custody, by warrant under his or her hand direct the discharge of the person from custody, and he or she shall be discharged accordingly.

             (2)  Nothing in subsection (1):

                     (a)  affects the power under subsection 9(4) of the Director of Public Prosecutions Act 1983 of the Director of Public Prosecutions; or

                     (b)  affects, or shall be taken to have affected, the power under subsection 8(2) of the Special Prosecutors Act 1982 of a Special Prosecutor.

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