Document ID: chunk:federal_register_of_legislation:C2012A00090:clause:4_22h
Version: federal_register_of_legislation:C2012A00090
Segment Type: clause
Provision Reference: sch 4 cl 22H
Character Range: 100634–101311

22H  Criminal proceedings during civil proceedings
 (1) Proceedings for a civil penalty order against a person for a contravention of a civil penalty provision are stayed if:
 (a) criminal proceedings are commenced or have already been commenced against the person 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 order (the civil proceedings) may be resumed if the person is not convicted of the offence. Otherwise:
 (a) the civil proceedings are dismissed; and
 (b) costs must not be awarded in relation to the civil proceedings.