s 152
In forceCriminal proceedings during civil proceedings
Volume 1Parts 1 to 10A (sections 1 to 239W)
Part 8Enforcement
Division 4Civil penalties
Subdivision BCivil penalty proceedings and criminal proceedings
152 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 for an offence against a law of the Commonwealth or a law of a State are started, or have already been started, against the person; 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 (the civil proceedings) may be resumed if the person is not convicted of the offence. Otherwise:
(a)
the civil proceedings are dismissed; and
(b)
costs must not be awarded in relation to the civil proceedings.
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