Document ID: chunk:federal_register_of_legislation:C2025C00185:section:1317p
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 1317P
Character Range: 5665498–5666572

1317P  Criminal proceedings after civil proceedings
 (1) Subject to subsection (2), criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether:
 (a) a declaration of contravention has been made against the person; or
 (b) a pecuniary penalty order has been made against the person; or
 (baa) a relinquishment order has been made against the person; or
 (ba) a refund order has been made against the person; or
 (c) a compensation order has been made against the person; or
 (d) the person has been disqualified from managing a corporation under Part 2D.6; or
 (e) a banning order, or an order by the Court under section 921A (about disqualification by the Court), has been made against the person.
 (2) Subsection (1) does not apply if:
 (a) an infringement notice is issued under section 1317DAC to the person for an alleged contravention of subsection 674(2) or 675(2); and
 (b) the infringement notice is not withdrawn under section 1317DAI.