Document ID: chunk:federal_register_of_legislation:C2024C00492:section:6:p137
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 6 (pt 137/175)
Character Range: 518330–521256

The Aboriginal and Torres Strait Islander corporation affected by the contravention of a civil penalty provision may intervene in an application for a declaration of contravention or a pecuniary penalty order in relation to the corporation. The corporation is entitled to be heard on all matters other than whether the declaration or order should be made.

No one else may apply
 (4) No person may apply for a declaration of contravention, a pecuniary penalty order or a compensation order unless permitted by this section.
Note: In certain circumstances, a person may bring proceedings in the name of an Aboriginal and Torres Strait Islander corporation (see Division 169).
 (5) Subsection (4) does not exclude the operation of the Director of Public Prosecutions Act 1983.

386‑25  Time limit for application for a declaration or order
  Proceedings for a declaration of contravention, a pecuniary penalty order or a compensation order, may be started no later than 6 years after the contravention.

386‑30  Civil evidence and procedure rules for declarations of contravention and civil penalty orders
  The Court must apply the rules of evidence and procedure for civil matters when hearing proceedings for:
 (a) a declaration of contravention; or
 (b) a pecuniary penalty order.

386‑35  Civil proceedings after criminal proceedings
  A court must not make a declaration of contravention or a pecuniary penalty order against a person for a contravention if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.

386‑40  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.

386‑45  Criminal proceedings after civil proceedings
  Criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether:
 (a) a declaration of contravention has been made against the person; or
 (b) a pecuniary penalty order has been made against the person; or
 (c) a compensation order has been made against the person; or
 (d) the person has been disqualified from managing an Aboriginal and Torres Strait Islander corporation under Part 6‑5.

386‑50  Evidence given in proceedings for penalty not admissible in criminal proceedings
  Evidence of information given or evidence of production of documents by an