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s 54R

Criminal proceeding during civil proceeding

In force
Part 9AEnforcement of civil penalty provisions
Division 9A.4Enforcement orders

54R Criminal proceeding during civil proceeding

(1)

An enforcement order proceeding is stayed if—

(a)

a criminal proceeding is started or has already been started against a person alleged to have contravened a civil penalty provision; and

(b)

the criminal proceeding is for a corresponding offence.

(2)

If the person—

(a)

is not convicted of the offence—the enforcement order proceeding may be resumed; or

(b)

is convicted of the offence—the enforcement order proceeding is dismissed and costs must not be awarded in relation to the proceeding.

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