161Criminal proceedings during civil proceedings

#### 161 Criminal proceedings during civil proceedings (1) Proceedings for a civil penalty order against an officer of a private health insurer are stayed if: (a) criminal proceedings are started or have already been started against the officer for an offence; and (b) the offence is constituted by conduct that is substantially the same as the conduct to which the Federal Court had regard in satisfying itself that the officer failed to take reasonable steps to prevent the insurer contravening the enforceable obligation. (2) The proceedings for the order may be resumed if the officer is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.