Nick McKim (Tasmania, Australian Greens) Share this | Hansard source

Thank you for the clarification, Minister. That is appreciated. You have bounced us back to the proposed section 319(1), which I accept gives power to the courts to stay proceedings that are not criminal proceedings if the court considers that it is in the interests of justice to do. It is worth reflecting on previous High Court decisions, one in particular that has actually supported that power of certain courts in Australia. Even though we welcome it being explicit in this legislation, we would argue that in jurisprudence that power already has been confirmed by the High Court. But I am specifically asking about a court which reasonably forms a view that it is in the interests of justice to stay a Proceeds of Crime Act proceeding on one of the grounds contained in proposed subsection (2). At the moment, given your responses, I think we have some drafting ambiguity here—in fact that term was used in at least one of the submissions to one of the committee inquiries in relation to this legislation. Again, Minister, I draw your attention to the hypothetical circumstance where a court forms a view that it is in the interests of justice to stay a Proceeds of Crime Act proceeding on one of the grounds in proposed subsection (2). Can the court stay the proceeding or not? That is the question.