Senate debates

Monday, 22 February 2016

Bills

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

9:45 pm

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

Again, I will in a more general sense say that the overarching discretion of the court under proposed section 319(1) preserves the court's rights of overarching discretion and that is in a very lay sense—even I can understand that. I think that deals with this. The amendments clarify that proceedings under the act may only be stayed where the granting of a stay is the only means of addressing the circumstances—that is, potentially the prejudice that may result from a concurrent or subsequent criminal trial.

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