Section 319(6)(e) of the Proceeds of Crime Act 2002 (Cth) does not confer power on the court to order legal assistance or legal aid; it merely prescribes a mandatory consideration when deciding whether to stay proceedings under s 319(1). The [name withheld] v R principle does not apply to civil proceedings under the POCA, and the absence of legal representation in such proceedings does not of itself warrant a stay.
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