QLDIn ForceAct
Coal Mining Safety and Health Act 1999
sec.267JCivil penalty can not be imposed after criminal proceeding
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### sec.267J Civil penalty can not be imposed after criminal proceeding
A civil penalty must not be imposed on a relevant corporation on the grounds of a contravention of a civil penalty obligation if the corporation has been convicted or found guilty of a corresponding offence.
Subsection (3) applies if—
the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and
before the CEO makes a decision under section 267I , a criminal proceeding is started against the corporation for a corresponding offence.
A civil penalty must not be imposed on the corporation on the grounds of the contravention unless the criminal proceeding ends without the corporation being convicted or found guilty of a corresponding offence.
This section applies despite any other provision of this part.
s 267J ins 2018 No. 28 s 44
amd 2020 No. 10 s 139 sch 2
(sec.267J-ssec.1) A civil penalty must not be imposed on a relevant corporation on the grounds of a contravention of a civil penalty obligation if the corporation has been convicted or found guilty of a corresponding offence.
(sec.267J-ssec.2) Subsection (3) applies if— the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and before the CEO makes a decision under section 267I , a criminal proceeding is started against the corporation for a corresponding offence.
(sec.267J-ssec.3) A civil penalty must not be imposed on the corporation on the grounds of the contravention unless the criminal proceeding ends without the corporation being convicted or found guilty of a corresponding offence.
(sec.267J-ssec.4) This section applies despite any other provision of this part.
- (a) the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and
- (b) before the CEO makes a decision under section 267I , a criminal proceeding is started against the corporation for a corresponding offence.