78B Consent of Attorney-General to proceedings in relation to espionage or wrongful communication, retention, or copying of classified information or official information

(1)

No charging document may be filed against any person for—

(a)

an offence against section 78, 78AA(1), or 78A(1); or

(b)

the offence of conspiring to commit an offence against section 78, 78AA(1), or 78A(1); or

(c)

the offence of attempting to commit an offence against section 78, 78AA(1), or 78A(1),—

except with the consent of the Attorney-General:

provided that a person alleged to have committed any offence mentioned in this subsection may be arrested, or a warrant for his or her arrest may be issued and executed, and any such person may be remanded in custody or on bail, notwithstanding that the consent of the Attorney-General to the filing of a charge for the offence has not been obtained, but no further or other proceedings shall be taken until that consent has been obtained.

(2)

The Attorney-General may, before deciding whether or not to give his or her consent under subsection (1), make such inquiries as he or she thinks fit.

Section 78B: inserted, on 1 July 1983, by section 2(1) of the Crimes Amendment Act (No 2) 1982 (1982 No 157).

Section 78B heading: amended, on 28 September 2017, by section 255(1) of the Intelligence and Security Act 2017 (2017 No 10).

Section 78B(1): amended, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).

Section 78B(1)(a): amended, on 28 September 2017, by section 255(2) of the Intelligence and Security Act 2017 (2017 No 10).

Section 78B(1)(b): amended, on 28 September 2017, by section 255(2) of the Intelligence and Security Act 2017 (2017 No 10).

Section 78B(1)(c): amended, on 28 September 2017, by section 255(2) of the Intelligence and Security Act 2017 (2017 No 10).

Section 78B(1) proviso: amended, on 1 July 2013, by section 6 of the Crimes Amendment Act (No 4) 2011 (2011 No 85).