Document ID: chunk:federal_register_of_legislation:C2015C00053:clause:4_80ze
Version: federal_register_of_legislation:C2015C00053
Segment Type: clause
Provision Reference: sch 4 cl 80ZE
Character Range: 293433–294090

80ZE  Criminal proceedings during civil proceedings
 (1) Proceedings for a civil penalty order against an entity for a contravention of a civil penalty provision are stayed if:
 (a) criminal proceedings are commenced or have already been commenced against the entity for an offence; and
 (b) the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.
 (2) The proceedings for the civil penalty order may be resumed if the entity is not convicted of the offence. Otherwise:
 (a) the proceedings are dismissed; and
 (b) costs must not be awarded in relation to the proceedings.