89Double jeopardy25

89 Double jeopardy25 (1) A person is not liable to be prosecuted for an offence in respect of26 conduct engaged in by that person if:27 (a) an application is made to the Federal Court or a Supreme28 Court under subsection 86(1) in respect of the conduct; and29 (b) the person is dealt with by the court under section 87 in30 respect of the conduct.31

No. , 2026 Australian Criminal Intelligence Commission Bill 2026 89 (2) If a person is prosecuted for an offence in respect of the conduct1 referred to in section 85 without an application being made to the2 Federal Court or a Supreme Court under subsection 86(1) in3 respect of that conduct, an application must not be made under4 subsection 86(1) in respect of the conduct.5 Note: For double jeopardy generally, see section 4C of the Crimes Act 1914.6 Subdivision D—Travel documents and apprehension of7 witnesses8