Section 40

A prosecution must not be instituted for any offence made punishable by section 9, 10 or 11 except with the consent of the Public Prosecutor or a Deputy Public Prosecutor or on the complaint of the Licensing Officer or the Port Master.

Such consent must state under what section or sections the prosecution is instituted, but if, in the course of the trial, it appears necessary to the court to alter, add to or amend any charge, no further or other consent is necessary.

No conviction is to be set aside for the want of any consent or complaint or for any omission or defect in any consent or complaint, unless the accused has been prejudiced thereby.

No such consent remains in force unless acted upon within one month from the date upon which it was given.