New South Wales Consolidated Acts

CRIMINAL ASSETS RECOVERY ACT 1990 - SECT 63

63 Stay of proceedings

(1) The Supreme Court may stay proceedings under this Act that are not criminal proceedings (
"non-criminal proceedings" ) if the court considers it is in the interests of justice.

(2) The court must not stay non-criminal proceedings on the following grounds--

(a) that criminal proceedings involve--

(i) the person subject to the non-criminal proceedings, whether or not the circumstances relating to the non-criminal proceedings are or may be the same as, or substantially similar to, the circumstances relating to the criminal proceedings, or

(ii) another person in relation to matters relating to the subject matter of the non-criminal proceedings, whether or not the subject matter is the same as, or substantially similar to, the matters relating to the criminal proceedings,

(b) that a person may, in the non-criminal proceedings, consider it necessary--

(i) to give relevant evidence, or

(ii) to call relevant evidence from another person,

(c) that non-criminal proceedings in relation to another person have been or will or may be stayed, whether or not the staying of the non-criminal proceedings would avoid multiple proceedings.

(3) In considering whether a stay of non-criminal proceedings is in the interests of justice, the Supreme Court must consider the following matters--

(a) that the non-criminal proceedings, and criminal proceedings referred to in subsection (2)(a), should proceed as expeditiously as possible,

(b) the cost and inconvenience to the Crown of keeping property to which the non-criminal proceedings relate and being unable to expeditiously realise proceeds from the property,

(c) the risk of the Commission suffering prejudice in relation to the conduct of the non-criminal proceedings if stayed,

(d) whether the court could address the prejudice that a person, other than the Commission, would suffer if the non-criminal proceedings were not stayed, whether by making other orders or otherwise.

Note--: Other orders the court could make include an order for the hearing of proceedings in closed court or an order prohibiting the disclosure of information.

(4) In this section--

"criminal proceedings" includes a reference to criminal proceedings proposed to be, or that may be, instituted or commenced, whether or not under this Act.

"relevant evidence" means evidence that is or may be relevant to a matter that is or may be at issue in criminal proceedings instituted or commenced against the person or another person.