s 44J
In forceCriminal proceedings during civil proceedings
Part 8ACivil penalty orders
Division 2Civil proceedings and criminal proceedings
44J 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:
(a)
the civil proceedings are dismissed; and
(b)
costs must not be awarded in relation to the civil proceedings.
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