319Criminal proceeding during proceeding for a civil penalty order

319 Criminal proceeding during proceeding for a civil penalty order (1) Proceedings for a civil penalty order against a person for the contravention of a civil penalty provision are stayed if— (a) criminal proceedings are instituted or have already been instituted against the person for an offence; and (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention. (2) If a person referred to in subsection (1)— (a) is not convicted of the offence—the proceedings for the civil penalty order may be resumed; or (b) is convicted of the offence—the proceedings for the civil penalty order are dismissed. S. 320 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).