Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_225
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 225
Character Range: 327466–329485

225  Pecuniary penalties and offences

 (1) A court must not make an order under section 224 against a person in relation to either of the following matters (a consumer protection breach):
 (a) a contravention of a provision referred to in section 224(1)(a);
 (b) conduct referred to in section 224(1)(b), (c), (d), (e) or (f) that relates to a contravention of such a provision;
if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the consumer protection breach.

 (2) Proceedings for an order under section 224 against a person in relation to a consumer protection breach 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 consumer protection breach.
The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings are dismissed.

 (3) Criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a consumer protection breach regardless of whether an order under section 224 has been made against the person in respect of the breach.

 (4) Evidence of information given, or evidence of the production of documents, by an individual is not admissible in criminal proceedings against the individual if:
 (a) the individual previously gave the evidence or produced the documents in proceedings for an order under section 224 against the individual in relation to a consumer protection breach (whether or not the order was made); and
 (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the consumer protection breach.
However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the order.