Senate debates

Monday, 22 February 2016

Bills

Crimes Legislation Amendment (Proceeds of Crime and Other Measures) Bill 2015; In Committee

9:38 pm

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

First of all, can I correct an answer that I gave you. In error, I indicated that the advice had in fact come from the Solicitor-General. What I should have told you was that it was the Australian government solicitor. My apologies. In your hypothetical, you are suggesting that a court may in some circumstances be compelled to do a particular thing. It is a balancing act, but I think without a doubt proposed section 319(1) is the overarching discretion of the court to make a decision on the stayed proceedings. It still will lie with the court. And please accept my apologies and retraction for the information I provided in error.

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