National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-1 - CIVIL PENALTY PROVISIONS  

Division 3 - General provisions relating to civil penalty provisions  

SECTION 172   CRIMINAL PROCEEDINGS DURING CIVIL PROCEEDINGS  

172(1)    

Proceedings for a declaration of contravention, a pecuniary penalty order or a relinquishment order against a person for a contravention of a civil penalty provision are stayed if:

(a) criminal proceedings are brought or have already been brought against the person for an offence; and

(b) the offence is constituted by conduct that is substantially the same as the conduct in relation to which the declaration or order would be made.

172(2)    

The proceedings for the declaration or order (the civil proceedings ) may be resumed if the person is not convicted of the offence. Otherwise:

(a) the civil proceedings are dismissed; and

(b) costs must not be awarded in relation to the civil proceedings.