Document ID: chunk:federal_register_of_legislation:C2008A00125:clause:5_61aij
Version: federal_register_of_legislation:C2008A00125
Segment Type: clause
Provision Reference: sch 5 cl 61AIJ
Character Range: 135641–136264

61AIJ  Criminal proceedings during civil proceedings

 (1) Proceedings for a declaration of contravention or a pecuniary penalty order against a person for a contravention of a civil penalty provision 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 order are dismissed.