AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12GBCH Criminal proceedings during civil proceedings

AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION ACT 2001 - SECT 12GBCH

  (1)   Proceedings for a declaration of contravention, a pecuniary penalty order or a relinquishment order against a person for a contravention of a civil penalty provision are stayed if:

  (a)   criminal proceedings are commenced or have already been commenced against the person for an offence; and

  (b)   the offence is constituted by conduct that is the same, or substantially the same, as the conduct alleged to constitute the contravention.

  (2)   The proceedings for the declaration or order (the civil proceedings ) may be resumed if the person is not convicted of the offence. Otherwise:

  (a)   the civil proceedings are dismissed; and

  (b)   costs must not be awarded in relation to the civil proceedings.