A court may grant a temporary stay of forfeiture proceedings under the Proceeds of Crime Act 2002 (Cth) to protect the privilege against self-incrimination even where no criminal charges have yet been laid, where the respondent cannot particularise the precise prejudice without knowing what charges will be brought and pursuing exclusion applications would risk waiving the privilege and affording the prosecution an advantage. The delay in laying charges is a relevant consideration in the exercise of the discretion. Section 319 of the Act does not deprive a court of its inherent power to grant a stay where the interests of justice require it.
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