Section 93 of the Criminal Proceeds Confiscation Act 2002 (Qld) does not absolutely bar stays of forfeiture proceedings; a stay may be granted where the applicant demonstrates that the issues in the forfeiture and criminal proceedings are identical and that proceeding with the forfeiture application first would allow the State to test-run and potentially improve its criminal case. The applicant must provide rigorous evidence of specific prejudice, not merely assert overlap between proceedings.
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