sec.246JCivil penalty can not be imposed after criminal proceeding

### sec.246J Civil penalty can not be imposed after criminal proceeding A civil penalty must not be imposed on a relevant corporation on the grounds of a contravention of a civil penalty obligation if the corporation has been convicted or found guilty of a corresponding offence. Subsection (3) applies if— the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and before the CEO makes a decision under section 246I , a criminal proceeding is started against the corporation for a corresponding offence. A civil penalty must not be imposed on the corporation on the grounds of the contravention unless the criminal proceeding ends without the corporation being convicted or found guilty of a corresponding offence. This section applies despite any other provision of this part. s 246J ins 2018 No. 28 s 87 amd 2020 No. 10 s 139 sch 2 (sec.246J-ssec.1) A civil penalty must not be imposed on a relevant corporation on the grounds of a contravention of a civil penalty obligation if the corporation has been convicted or found guilty of a corresponding offence. (sec.246J-ssec.2) Subsection (3) applies if— the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and before the CEO makes a decision under section 246I , a criminal proceeding is started against the corporation for a corresponding offence. (sec.246J-ssec.3) A civil penalty must not be imposed on the corporation on the grounds of the contravention unless the criminal proceeding ends without the corporation being convicted or found guilty of a corresponding offence. (sec.246J-ssec.4) This section applies despite any other provision of this part. - (a) the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and - (b) before the CEO makes a decision under section 246I , a criminal proceeding is started against the corporation for a corresponding offence.