Tobacco and Other Smoking Products Act 1998
sec.209CGCivil proceeding stayed during criminal proceeding
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sec.209CG Civil proceeding stayed during criminal proceeding
A proceeding against a person for a contravention of section 209CE (1) is stayed if— a criminal proceeding is or has commenced against the person for an offence against section 209CE ; and the offence against section 209CE is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention of section 209CE (1) . The proceeding for a contravention of section 209CE (1) may be resumed if the person is not convicted of the offence against section 209CE . Otherwise, the proceeding for the contravention of section 209CE (1) is dismissed. In this section— convicted , of an offence, includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded. s 209CG ins 2025 No. 27 s 26 (sec.209CG-ssec.1) A proceeding against a person for a contravention of section 209CE (1) is stayed if— a criminal proceeding is or has commenced against the person for an offence against section 209CE ; and the offence against section 209CE is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention of section 209CE (1) . (sec.209CG-ssec.2) The proceeding for a contravention of section 209CE (1) may be resumed if the person is not convicted of the offence against section 209CE . (sec.209CG-ssec.3) Otherwise, the proceeding for the contravention of section 209CE (1) is dismissed. (sec.209CG-ssec.4) In this section— convicted , of an offence, includes a plea of guilty or a finding of guilt by a court even though a conviction is not recorded.
- (a) a criminal proceeding is or has commenced against the person for an offence against section 209CE ; and
- (b) the offence against section 209CE is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention of section 209CE (1) .