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CORPORATIONS ACT 2001

CHAPTER 9 - MISCELLANEOUS  

PART 9.4B - CIVIL CONSEQUENCES OF CONTRAVENING CIVIL PENALTY PROVISIONS  

SECTION 1317N  CRIMINAL PROCEEDINGS DURING CIVIL PROCEEDINGS  

1317N(1)  [Stay of civil proceedings]  


Proceedings for a declaration of contravention or pecuniary penalty order against a person are stayed if:


(a) criminal proceedings are started or have already been started 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.

1317N(2)  [Resumption of proceedings]  


The proceedings for the declaration or order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the declaration or order are dismissed.

[CCH Note: The next section is s 1317P.]


 



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