The privilege against self-incrimination encompasses not only the right to refuse to answer incriminating questions but also the right of an accused to require the Crown to prove its case without the accused's assistance. Section 319 of the Proceeds of Crime Act 2002 (Cth) does not sufficiently clearly abrogate this broader privilege. Where forfeiture proceedings under the POC Act substantially overlap with pending criminal proceedings and the accused cannot defend the forfeiture proceedings without disclosing his likely defence to the criminal charges, the forfeiture proceedings must be stayed until the criminal proceedings are determined. A non-publication order is insufficient protection where there is no statutory abrogation of the privilege requiring the accused to give evidence.
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