44Double jeopardy

#### 44 Double jeopardy 44 Double jeopardy > > (1) A person is not liable to be both convicted of an offence under this Act and the subject of a civil penalty in respect of essentially the same act or omission. > > > (2) Payment of a penalty in respect of an alleged offence under section 35 (Penalty notices) is to be treated as a conviction for the offence for the purposes of this section. The making of an order by the court under section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092) in respect of an offence is also to be treated as a conviction for the offence for the purposes of this section.