Document ID: chunk:federal_register_of_legislation:C2005A00136:clause:1_25a
Version: federal_register_of_legislation:C2005A00136
Segment Type: clause
Provision Reference: sch 1 cl 25A
Character Range: 19391–20751

25A  Discretion to prevent foreign material being adduced—proceedings for designated offences

 (1) If a proceeding is:
 (a) a criminal proceeding for a designated offence; or
 (b) a proceeding under the Proceeds of Crime Act 2002 in relation to a designated offence;
and the prosecutor seeks to adduce foreign material as evidence in the proceeding, then:
 (c) the court must not give a direction under subsection 25(1) in relation to the foreign material; and
 (d) the court may direct that the foreign material not be adduced as evidence in the proceeding if the court is satisfied that adducing the foreign material would have a substantial adverse effect on the right of a defendant in the proceeding to receive a fair hearing.

Extended meaning of prosecutor and defendant

 (2) This section has effect, in relation to a proceeding under the Proceeds of Crime Act 2002, as if:
 (a) the Director of Public Prosecutions were the prosecutor; and
 (b) each other party to the proceeding were a defendant in the proceeding.

Timing of proceedings

 (3) It is immaterial whether proceedings covered by subsection (1) were instituted before or after the commencement of this section.

Definition

 (4) In this section:

substantial adverse effect means an effect that is adverse and not insubstantial, insignificant or trivial.

Proceeds of Crime Act 2002