17Stay of proceedings

##### 17 Stay of proceedings (1) Where proceedings are instituted against a person for an offence against a provision of the criminal laws in force in a State or Territory as applying by virtue of this Act, a Judge of a Court of a State or Territory who is authorized by subsection (4) may, of his own motion or on application made to him, order, on such conditions (if any) as he thinks fit, a stay of the proceedings for such period as he thinks fit if he is satisfied that: (a) other proceedings have been, or are proposed to be, instituted against that person for an offence against that provision, against another provision of a law of the Commonwealth, or against a provision of a law of a State or Territory, in relation to the same act; and (b) it is expedient that the proceedings should be stayed. (2) In deciding whether it is expedient that proceedings against a person should be stayed under this section, a Judge shall have regard to all relevant matters including: (a) whether the continuation of the proceedings would impose any special hardship on the person, including any hardship that would arise by reason of his absence for a substantial period during the hearing of the proceedings from his place of residence, business or employment; (b) the need for the person to receive a speedy trial; and (c) whether the continuation of the proceedings would be inconvenient to other persons who are to be called as witnesses at the hearing of the proceedings. (3) Where a Judge orders a stay of proceedings in pursuance of this section, he may make such orders as he thinks fit: (a) for the remand of the accused person, in custody or on bail; and (b) for recognizances of witnesses, or the variation of such recognizances already entered into; to secure their attendance at any resumed hearing of the proceedings, and may make such other orders as he considers to be incidental to the stay of the proceedings. (4) The power conferred by this section to make an order staying proceedings instituted against a person may be exercised: (a) where the proceedings sought to be stayed are proceedings upon indictment before a Judge of a Court of a State or Territory—by that Judge; and (b) in any other case—by a Judge of the Supreme Court of the State or Territory in which the proceedings were instituted.