The second and major purpose of the unit is to compel you to examine these procedures, and their rationale, critically. Here we encounter much circuity in definition. This classification of criminal proceedings does become fuzzy when dealing with some proceedings brought under statutory authority by government agencies such as the Trade Practices Commission which are classified as civil even though a monetary penalty without the alternative of imprisonment may be imposed. Thus in Heating Centre v. Civil proceedings have for their object recovery of money or other property, or the enforcement of a right or advantage on behalf of the plaintiff.
Criminal proceedings have for their object the punishment of a person who has committed a crime.
Criminal proceedings are not to be used as a form of enforcing a civil right. If the proceedings will result in the punishment of a party the conduct in question will be a crime notwithstanding that it may be a matter of small consequence. Where an act is commanded or prohibited by statute, disobedience is prima facie criminal unless criminal proceedings manifestly appear to be excluded by the statute. If you return to Halsbury s analysis you will see that as the penalty is being recovered as a civil debt the proceeding is not a criminal proceeding. This is in reality a hybrid quasi criminal proceeding where very large penalties may be imposed under the guise of civil proceedings, and perhaps, without any stigma attaching to the offender.