ACTIn ForceAct
Supreme Court Act 1933
68VIndictment for trial of justice offence
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68V Indictment for trial of justice offence
(1) An indictment against a person liable under this part to be tried for an
administration of justice offence must be presented against the person
within 2 months after the day the order for the trial was made
(the indictment period) under section 68O (Court may order trial—
administration of justice offence) (a trial order).
(2) However, the court may give leave to present the indictment after the
end of the indictment period if it is satisfied that in the
circumstances—
(a) the prosecutor has acted reasonably expeditiously to present the
indictment; and
(b) that presenting the indictment will not cause an injustice to the
person.
(3) An indictment presented in accordance with this section may be
amended or replaced at any time if the court is satisfied that amending
or replacing the indictment will not cause an injustice to the person.
Conduct of proceeding for retrial etc Division 8AA.5
(4) If, after the end of the indictment period, an indictment for the trial
has not been presented or has been withdrawn or quashed, the person
may apply to the court for any of the following:
(a) an order setting aside the trial order;
(b) an order restoring the acquittal quashed by the trial order;
(c) an order restoring the bar to the person being tried for the
(5) If the trial order is set aside, a further application may not be made
under section 68O for the trial of the person in relation to the offence
mentioned in the trial order.
Division 8AA.5 Conduct of proceeding for retrial etc