Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_1317n
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 1317N
Character Range: 476039–476626

1317N  Criminal proceedings during civil proceedings

 (1) Proceedings for a declaration of contravention or pecuniary penalty order against a person are stayed if:
 (a) criminal proceedings are started or have already been started against the person for an offence; and
 (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.

 (2) The proceedings for the declaration or order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the declaration or order are dismissed.