63Stay of proceedings

#### 63 Stay of proceedings 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. > > **s 63:** Subst 2022 No 55, Sch 3\[31\].