State: Australia
Law or Regulations: Crimes (Biological Weapons) Act 1978


Sect. 10 Prosecutions


10. (1) Subject to subsection (2), all offences against this Act (including offences that are deemed to have been committed by virtue of section 5 of the Crimes Act 1914) or against section 7 or 7A of the Crimes Act 1914 in relation to this Act are indictable offences and are not triable summarily.

(2) Where the law of a State or Territory makes provision for a person who pleads guilty to a charge in proceedings for his commitment for trial on indictment to be committed to a higher court and dealt with otherwise than on indictment, a person charged in that State or Territory with an offence referred to in subsection (1) may be dealt with in accordance with that law.

(3) Proceedings for the commitment of a person for trial on indictment for an offence referred to in subsection (1) 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 signed by him, to give such consents.

(4) Notwithstanding that a consent in accordance with subsection (3) has not been given in relation to an offence referred to in subsection (1):
(a) a person may be charged with the offence;
(b) a person may be arrested for the 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 for the offence shall be taken until such a consent has been given.

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

References: International Treaties and Documents

UN Biological Weapons Convention 1972: Art. 4 Database 'IHL - Treaties & Comments', View 'ART'.