54WCommission must not commence certain proceedings while penalty notice on foot or until time for payment has expired

54W Commission must not commence certain proceedings while penalty notice on foot or until time for payment has expired (1) The Commission must not commence a proceeding specified in subsection (2) against a regulated entity if— (a) the Commission has served a penalty notice on the regulated entity; and (b) the time for payment stated in the notice has not expired; and (c) the notice has not been withdrawn by the Commission in accordance with section 54Y. (a) a proceeding for a contravention order in relation to conduct that is substantially the same as the conduct constituting the contravention for which the penalty notice was served; or (b) a criminal proceeding for an offence constituted by conduct that is substantially the same as the conduct constituting the contravention for which the penalty notice was served. 1 Subject to this section, the Commission or a person authorised by the Commission may make an application for a contravention order. 2 Section 54ZA provides that the Commission must not make an application for a contravention order if a notice penalty is paid within the time for payment stated in the notice and the notice is not withdrawn by the Commission within the time for payment stated in the notice. S. 54X substituted by No. 41/2021 s. 9.