After unsuccessful committal proceeding, court may preclude application for civil penalty order
208 After unsuccessful committal proceeding, court may preclude application for civil penalty order
If:
a proceeding in a court for the commitment of the person for trial for the offence is finally determined or otherwise disposed of without the person being committed for trial for the offence; and
that court is satisfied that the evidence in the proceeding could not satisfy the Court, on an application for a civil penalty order in relation to the contravention, that the person committed the contravention;
the court may declare that it is so satisfied.
A declaration under subsection (1) is subject to appeal or review in the same way as any other order or decision made in the proceeding.
This Act’s bill:Second reading speech
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