Nigel Scullion (NT, Country Liberal Party, Minister for Indigenous Affairs) Share this | Hansard source

The court is not able to stay proceedings merely on the grounds on proposed section 319(2). The court will need to consider, as it does in almost every case, individual circumstances of the case. To determine whether there are reasons on that ground, such as the risk of prejudice, which is what it is about, to determine a stay is necessary in the interests of justice.

Whilst I am on my feet, we thought it was important in the context of the amendments that you have moved, you have effectively removed subsections 319 (2) and (5), and I understand why that is the case. The challenge is that that would not then be able to prevent a respondent from obtaining a stay and delaying the determinations of a proceeds-of-crime proceeding simply put simply by claiming there was a risk of prejudice in a related or concurrent or subsequent criminal proceedings. As I started off in response to you, I will describe what I thought was—

Progress reported.