A disclosure prohibition order under s 266A(2)(b) of the Proceeds of Crime Act 2002 (Cth) cannot be made on the basis of an examinee's personal concerns about the impact of disclosure on family or community relationships. The discretion is confined to assessing whether disclosure would occasion an unacceptable risk of impermissible prejudice to a criminal trial. Evidence given by a spouse incriminating the accused at trial is not a form of prejudice against which the law seeks to guard. The question whether s 266A(2)(b) is the source of power for a disclosure prohibition order, or merely acknowledges an inherent power, was left open.
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