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,