Banking Act 1959

Schedule 2 - Civil penalties  

Note: See section 65B .

Part 2 - Civil penalty proceedings and criminal proceedings  

7   Criminal proceedings during civil proceedings  

(1)  
Proceedings for 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 order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.




This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.