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Environment Protection Act 2019
254Proceeding to be stayed if criminal proceedings commenced
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254 Proceeding to be stayed if criminal proceedings commenced
(1) This section applies to a proceeding for:
(a) a civil order in relation to a contravention of this Act; or
(b) enforcement of a civil order mentioned in paragraph (a).
(2) The proceeding is stayed if a criminal proceeding is commenced or
has already commenced against the person for an offence
constituted by conduct that is substantially the same as the conduct
alleged to constitute the contravention.
(3) The stayed proceeding may only be resumed if the criminal
proceeding does not result in a formal finding of guilt being made
against the person.
(4) This section does not prevent an application or order from being
made under Division 1 if a criminal proceeding has commenced.