264Criminal proceedings during civil proceedings

264 Criminal proceedings during civil proceedings (1) A proceeding against a person for a contravention of a WHS civil penalty provision is stayed if— (a) a criminal proceeding is commenced or has already commenced against the person for an offence; and (b) the offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention of the WHS civil penalty provision. (2) The proceeding for the order may be resumed if the person is not convicted or found guilty of the offence. (3) If the proceeding for the order is not resumed, the proceeding is dismissed.