49BA
CurrentCriminal proceedings during civil proceedings
Part 7ACivil penalty orders
Division 2Civil proceedings and criminal proceedings
49BA Criminal proceedings during civil proceedings
(1)
Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:
(a)
criminal proceedings are commenced or have already been commenced against the person for an offence; and
(b)
the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.
(2)
The proceedings for the order (the civil proceedings) may be resumed if the person is not convicted of the offence. Otherwise, the civil proceedings are dismissed.
This Act’s bill:Explanatory memorandumSecond reading speech
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