264
CurrentCriminal proceedings during civil proceedings
Part 13Legal proceedings
Division 13.7WHS civil penalty provisions
264 Criminal proceedings during civil proceedings
(1)
A proceeding against a person for a contravention of a WHS civil penalty provision is stayed if—
(a)
a criminal proceeding is commenced or has already commenced against the person for an offence; and
(b)
the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention of the WHS civil penalty provision.
(2)
The proceeding for the order may be resumed if the person is not convicted or found guilty of the offence.
(3)
If the proceeding for the order is not resumed, the proceeding is dismissed.
This Act’s bill:Explanatory statementSecond reading speech
Research tools for this sectionSubscription
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.