sec.226ARelationship with criminal proceedings

### sec.226A Relationship with criminal proceedings This section applies if— action (the civil penalty proceeding ) is taken against or in relation to a person, consisting of— an application under section 120X for a civil penalty order; or a referral under section 120ZC to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and a criminal proceeding has been started, or has already been started, against the person for an offence; and the conduct that constitutes the offence is the same, or substantially the same, as the conduct the subject of the civil penalty proceeding. The civil penalty proceeding must be stayed or not continued. However, the civil penalty proceeding may be resumed if, at the end of the criminal proceeding, there is no conviction for the offence. Evidence in the civil penalty proceeding of information given, or documents produced, by a person is not admissible in evidence in the criminal proceeding. In this section— conduct includes an omission. conviction includes a finding of guilt, or the acceptance of a plea of guilt, by a court whether or not a conviction is recorded. s 226A ins 2006 No. 60 s 44 (amd 2007 No. 29 s 12 ) (sec.226A-ssec.1) This section applies if— action (the civil penalty proceeding ) is taken against or in relation to a person, consisting of— an application under section 120X for a civil penalty order; or a referral under section 120ZC to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and a criminal proceeding has been started, or has already been started, against the person for an offence; and the conduct that constitutes the offence is the same, or substantially the same, as the conduct the subject of the civil penalty proceeding. (sec.226A-ssec.2) The civil penalty proceeding must be stayed or not continued. (sec.226A-ssec.3) However, the civil penalty proceeding may be resumed if, at the end of the criminal proceeding, there is no conviction for the offence. (sec.226A-ssec.4) Evidence in the civil penalty proceeding of information given, or documents produced, by a person is not admissible in evidence in the criminal proceeding. (sec.226A-ssec.5) In this section— conduct includes an omission. conviction includes a finding of guilt, or the acceptance of a plea of guilt, by a court whether or not a conviction is recorded. - (a) action (the civil penalty proceeding ) is taken against or in relation to a person, consisting of— (i) an application under section 120X for a civil penalty order; or (ii) a referral under section 120ZC to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and - (i) an application under section 120X for a civil penalty order; or - (ii) a referral under section 120ZC to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and - (b) a criminal proceeding has been started, or has already been started, against the person for an offence; and - (c) the conduct that constitutes the offence is the same, or substantially the same, as the conduct the subject of the civil penalty proceeding. - (i) an application under section 120X for a civil penalty order; or - (ii) a referral under section 120ZC to the regulator and any decision in relation to the referral that involves the imposition of a civil penalty; and