Criminal proceeding during proceeding for a civil penalty order
319 Criminal proceeding during proceeding for a civil penalty order
S. 319 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).
Proceedings for a civil penalty order against a person for the contravention of a civil penalty provision are stayed if—
criminal proceedings are instituted or have already been instituted against the person for an offence; and
the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.
If a person referred to in subsection (1)—
is not convicted of the offence—the proceedings for the civil penalty order may be resumed; or
is convicted of the offence—the proceedings for the civil penalty order are dismissed.
This Act’s bill:Explanatory memorandumSecond reading speech
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