Pending criminal or civil proceedings
5.8.23 Pending criminal or civil proceedings
Pt 5.8 Div. 7 (Heading and s. 5.8.23) inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).
S. 5.8.23 inserted by No. 23/2021 s. 76 (as amended by No. 32/2022 s. 62).
If the Authority applies for a declaration, order or injunction under section 5.8.11 or 5.8.19 against a person or body for failing to comply with a notice to produce or notice to comply, the Authority must not commence criminal proceedings for a charge against section 5.8.15 or 5.8.22 that is constituted by the failure or alleged failure of that person or body to comply with that notice.
Subsection (1) applies whether or not the Court makes a declaration or order or grants an injunction in response to an application under section 5.8.11 or 5.8.19.
S. 5.8.23(3) amended by No. 2/2025 s. 59.
If a person or body has been convicted or found guilty of an offence against section 5.8.15 or 5.8.22, or a charge against the person or body for an offence against section 5.8.15 or 5.8.22 is pending, that is constituted by the failure or alleged failure of that person or body to comply with a notice to produce or notice to comply—
S. 5.8.23(3)(a) amended by No. 2/2025 s. 59.
the Authority may not apply under section 5.8.11(1)(b) or 5.8.19(1)(b) for an order for the person or body to pay a pecuniary penalty for failure to comply with that notice; and
S. 5.8.23(3)(b) amended by No. 2/2025 s. 59.
the Court may not order the person or body to pay a pecuniary penalty for failure to comply with that notice.
This Act’s bill:Explanatory memorandumSecond reading speech
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