Document ID: chunk:federal_register_of_legislation:C2004A04501:body:0:p19
Version: federal_register_of_legislation:C2004A04501
Segment Type: other
Provision Reference: 
Character Range: 97990–100961

the same contravention.

"(2) However, an application is stayed, because of this subsection, until:

  (a)     the criminal proceedings; and

    (b)     all appeals and applications for review (including appeals and applications for review under this Division) arising out of the criminal proceedings;

have been finally determined or otherwise disposed of.

Final outcome precluding application for civil penalty order

"1317GC. When the criminal proceedings, appeals and applications for review are finally determined or otherwise disposed of:

    (a)     an application for a civil penalty order in relation to the same contravention cannot be made (except under this Division); and

    (b)     such an application that was stayed because of subsection 1317GB(2) is, because of this section, dismissed;

if the result of the criminal proceedings, appeals and applications for review is:

  (c) a court finding the person guilty of the offence; or

     Note: Section 73A defines when a court is taken to find a person guilty of an offence.

    (d) the person being acquitted of the offence, unless there is in force a declaration that the person committed the contravention; or

     Note: This kind of declaration is made under section 1317GF, 1317GG or 1317GH.

    (e) a declaration by a court that the evidence in a committal proceeding for the offence could not satisfy the Court, on an application for a civil penalty order, that the person committed the contravention; or

     Note: This kind of declaration is made under section 1317GE.

     (f) a declaration by the Court that the person committed the contravention; or

     Note: This kind of declaration is made under section 1317GF or 1317GH.

    (g) an order by a court prohibiting an application for a civil penalty order in relation to the contravention from being made or from proceeding; or

     Note: This kind of order is made under section 1317GJ.

    (h) the Court, on an appeal or review, affirming, varying or substituting a declaration that the person committed the contravention.

     Note: Section 1317GK applies in this case.

Final outcome not precluding application for civil penalty order

"1317GD. If the result of the criminal proceedings, appeals and applications for review being finally determined or otherwise disposed of is:

     (a) a declaration by a court (other than the Court) that the person committed the contravention; or

     Note: This kind of declaration is made under section 1317GF, 1317GG or 1317GH.

  (b) none of the results referred to in section 1317GC;

then:

     (c) if an application for a civil penalty order in relation to the contravention was stayed because of subsection 1317GB(2)—the application may proceed; or

(d) otherwise—such an application may be made and may proceed; as if the criminal proceedings had never begun.

After unsuccessful committal proceeding, court may preclude application for civil penalty order

  "1317GE.(1) If: