Corporations (Aboriginal and Torres Strait Islander) Act 2006

CHAPTER 8 - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

Division 386 - Civil consequences of contravening civil penalty provisions  

SECTION 386-40   CRIMINAL PROCEEDINGS DURING CIVIL PROCEEDINGS  

386-40(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.

386-40(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.




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