THE CORPORATIONS LAW

CHAPTER 9 - MISCELLANEOUS

PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS

SECTION 1317N   CRIMINAL PROCEEDINGS DURING CIVIL PROCEEDINGS  

1317N(1)  [Stay of civil proceedings]  

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.

1317N(2)  [Resumption of proceedings]  

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.