sch.2-sec.39Double jeopardy

sch.2-sec.39 Double jeopardy

If an act or omission constitutes an offence— under this Law as applied as a law of this jurisdiction; and under this Law as applied as a law of another jurisdiction, and the offender has been punished in relation to the offence under the law mentioned in paragraph (b) , the offender is not liable to be punished in relation to the offence mentioned in paragraph (a) . If an act or omission constitutes— a breach of a civil penalty provision of this Law as applied as a law of this jurisdiction; and a breach of a civil penalty provision of this Law as applied as a law of another jurisdiction, and the person in breach of the civil penalty provision mentioned in paragraph (a) has been punished in relation to the civil penalty provision mentioned in paragraph (b) , the person is not liable in relation to the breach of the civil penalty provision mentioned in paragraph (a) . The Court must not make a declaration that a person has breached a provision of this Law, the Regulations or the Rules that is not an offence provision if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the breach. Proceedings for a declaration referred to in subclause (3) are stayed if— criminal proceedings are commenced or have already been commenced against the person for an offence; and the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the breach. The proceedings for the declaration referred to in subclause (3) may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the declaration must be dismissed. In this clause— civil penalty provision has the same meaning as in section 2AA (1) . sch 2 s 39 amd 2007 No. 53 (SA) s 83 ; 2014 No. 21 (SA) s 24 ; 2020 No. 37 (SA) s 33 (2) (sch.2-sec.39-ssec.1) If an act or omission constitutes an offence— under this Law as applied as a law of this jurisdiction; and under this Law as applied as a law of another jurisdiction, and the offender has been punished in relation to the offence under the law mentioned in paragraph (b) , the offender is not liable to be punished in relation to the offence mentioned in paragraph (a) . (sch.2-sec.39-ssec.2) If an act or omission constitutes— a breach of a civil penalty provision of this Law as applied as a law of this jurisdiction; and a breach of a civil penalty provision of this Law as applied as a law of another jurisdiction, and the person in breach of the civil penalty provision mentioned in paragraph (a) has been punished in relation to the civil penalty provision mentioned in paragraph (b) , the person is not liable in relation to the breach of the civil penalty provision mentioned in paragraph (a) . (sch.2-sec.39-ssec.3) The Court must not make a declaration that a person has breached a provision of this Law, the Regulations or the Rules that is not an offence provision if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the breach. (sch.2-sec.39-ssec.4) Proceedings for a declaration referred to in subclause (3) are stayed if— criminal proceedings are commenced or have already been commenced against the person for an offence; and the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the breach. (sch.2-sec.39-ssec.5) The proceedings for the declaration referred to in subclause (3) may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the declaration must be dismissed. (sch.2-sec.39-ssec.6) In this clause— civil penalty provision has the same meaning as in section 2AA (1) .