Child Wellbeing and Safety Act 2005
34EPending criminal or civil proceedings
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34E Pending criminal or civil proceedings
(1) If a sector regulator applies under section 33(1) or (1A) for a declaration, an order or an injunction against a person, body or relevant entity for failing to comply with a notice to produce or notice to comply, the sector regulator must not commence criminal proceedings for a charge against section 34D that is constituted by the failure or alleged failure of that person, body or relevant entity to comply with that notice.
(2) Subsection (1) applies whether or not the court makes a declaration or order or grants an injunction in response to an application under section 33(1) or (1A).
(3) If a person, body or relevant entity has been convicted or found guilty of an offence against section 34D, or a charge against the person, body or relevant entity for an offence against section 34D is pending, that is constituted by the failure or alleged failure of that person, body or relevant entity to comply with a notice to produce or notice comply—
(a) a sector regulator may not apply under section 33(1)(b) or (1A)(b) for an order for the person, body or relevant entity to pay a pecuniary penalty for failure to comply with that notice; and
(b) the court may not order the person, body or relevant entity to pay a pecuniary penalty for failure to comply with that notice.
S. 35 (Heading) substituted by No. 23/2021 s. 31(1).
New s. 35 inserted by No. 63/2016 s. 8, amended by No. 23/2021 s. 31(2)(3) (ILA s. 39B(1)).