149Prosecution of offences1

149 Prosecution of offences1 (1) A prosecution under this Division may be instituted only by or2 with the consent of:3 (a) the Attorney-General; or4 (b) a person acting under the Attorney-General’s direction.5 (2) However:6 (a) a person charged with an offence against this Division may7 be arrested, or a warrant for the person’s arrest may be issued8 and executed; and9 (b) such a person may be remanded in custody or on bail;10 even if the consent of the Attorney-General or a person acting11 under the Attorney-General’s direction has not been obtained, but12 no further proceedings are to be taken until that consent has been13 obtained.14 (3) Nothing in subsection (1) or (2) prevents the discharging of the15 accused if proceedings are not continued within a reasonable time.16

Division 7 Notification and other matters 162 Australian Criminal Intelligence Commission Bill 2026 No. , 2026 Division 7—Notification and other matters1 150 Relationship to other laws and matters2 (1) Subject to subsection (2) and section 151, this Part is not intended3 to limit a discretion that a court has:4 (a) to admit or exclude evidence in any proceedings; or5 (b) to stay criminal proceedings in the interests of justice.6 (2) In determining whether evidence should be admitted or excluded in7 any proceedings, the fact that the evidence was obtained as a result8 of a person engaging in criminal activity is to be disregarded if:9 (a) the person was a participant in a controlled intelligence10 operation authorised under this Part acting in the course of11 the controlled intelligence operation; and12 (b) the criminal activity was controlled conduct.13