No doubling‑up of criminal liabilities
31 No doubling‑up of criminal liabilities
For the purposes of this section, a person is convicted of an offence if a court finds the person guilty of the offence, or accepts a plea of guilty of the offence, whether or not a conviction is recorded.
If —
an act or omission is an offence against the Australian Consumer Law (WA) and is also an offence against the application law of another participating jurisdiction; and
the offender has been acquitted or convicted of the offence with which the offender is charged, or has already been convicted or acquitted of an offence of which the offender might be convicted upon the indictment or prosecution notice on which the offender has been charged, under the application law of the other participating jurisdiction,
the offender is not liable to be prosecuted or punished for the offence against the Australian Consumer Law (WA).
Nothing in subsection (2) prevents the Commissioner from making or issuing a statement under section 57.
If a person has been ordered to pay a pecuniary penalty under the application law of another participating jurisdiction, the person is not liable to a pecuniary penalty under the Australian Consumer Law (WA) in respect of the same conduct.
This Act’s bill:Explanatory memorandumSecond reading speech
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