Commonwealth Consolidated Acts

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Trial of indictable offence without preliminary examination

             (1)  Notwithstanding anything contained in this Part, or any provision of any law of a State or Territory, the Attorney-General of the Commonwealth may file an indictment for any indictable offence against the laws of the Commonwealth in:

                     (a)  the High Court; or

                     (b)  if the Federal Court of Australia has jurisdiction to try a person for the offence--that Court; or

                     (c)  the Supreme Court of a State or Territory;

without examination or commitment for trial.

             (2)  Upon an indictment being so filed, the Court or a Justice or Judge thereof, may cause a summons to be issued to the defendant to appear at the time and place mentioned in the summons there to answer the charge mentioned in the indictment, or may issue a warrant for the defendant's arrest, and may hold the defendant in custody or admit the defendant to bail.

             (3)  Nothing in subsection (1) affects the power under subsection 6(2D) of the Director of Public Prosecutions Act 1983 of the Director of Public Prosecutions.

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