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COMMONWEALTHAct
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s 36

Criminal proceedings during civil proceedings

In force
Part 5Enforcement
Division 1Civil penalties
Subdivision BCivil penalty proceedings and criminal proceedings

36 Criminal proceedings during civil proceedings

(1)

Proceedings for a pecuniary penalty order against a person for a contravention of a civil penalty provision are stayed if:

(a)

criminal proceedings are started or have already been started 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.

(2)

The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.

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Section 36 — Criminal proceedings during civil proceedings — National Greenhouse and Energy Reporting Act 2007 (Commonwealth) — Barrister AI