45CStay of proceedings

#### 45C Stay of proceedings 45C Stay of proceedings > > (1) This section applies when a court is considering an application for a stay of proceedings arising from the compulsory examination of a person before the Commission or from the disclosure of any evidence or a record of any evidence given before the Commission. > > > (2) The court must consider whether any of the following matters (whether individually or in any combination and without limitation) have led, or have a real potential to lead, to unfair consequences for a person’s trial for an offence— > > > > > (a) the questions asked and answers given during the hearing concerned, > > > > > (b) whether the person was the subject of a current charge for the offence at the time of the hearing, > > > > > (c) the role of any member of an investigative agency attending the hearing in the investigation of the offence, > > > > > (d) the nature and results of any steps taken by members of an investigative agency in the investigation as a result of access (if any) to compulsorily obtained material, > > > > > (e) the availability of independent sources of any evidence alleged to be derived from compulsorily obtained material, > > > > > (f) the extent to which any prosecutor has had access to compulsorily obtained material, > > > > > (g) the role in the investigation of the offence of any member of an investigative agency who has been given access to a transcript or other record of evidence. > > > (3) None of the following matters is capable of giving rise to a presumption that there is a fundamental defect in criminal proceedings against a person for an offence in respect of which the Commission has exercised any of its powers— > > > > > (a) the fact that the Commission examined the person about the subject matter of the offence, whether or not the person was the subject of a current charge for the offence, > > > > > (b) the fact that a transcript or other record of proceedings before the Commission was given to an investigative agency, whether before or after the person was charged with the offence, > > > > > (c) the fact that a transcript or other record of proceedings before the Commission was given to a prosecutor, whether before or after the person was charged with the offence, > > > > > (d) the fact that a transcript or other record of proceedings before the Commission was given to a prosecutor of another offence, > > > > > (e) the fact that there has been a failure to comply with section 21A (3), > > > > > (f) the fact that another person has been examined by the Commission, > > > > > (g) in the case of an offence against this Act or an offence relating to the falsity of evidence—the fact that a transcript or other record of proceedings before the Commission was given to an investigative agency or prosecutor at any time, > > > > > (h) the fact that evidence has been derived from the holding of a hearing or from the dissemination of a record or other record of a hearing. > > **ss 45A–45C:** Ins 2014 No 82, Sch 1 \[12\].