WATER ACT 2007 - SECT 152 Criminal proceedings during civil proceedings

WATER ACT 2007 - SECT 152

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

  (a)   criminal proceedings for an offence against a law of the Commonwealth or a law of a State are started, or have already been started, against the person; and

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

  (2)   The proceedings for the 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.