Section 1317N — Corporations Act 2001 (Cth)

(1) Proceedings for a declaration of contravention, a pecuniary penalty order or a relinquishment 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.

(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.

Related sections

• s 1317K — Time limit for application for a declaration or order
• s 1317L — Civil evidence and procedure rules for declarations of contravention and civil penalty orders
• s 1317M — Civil proceedings after criminal proceedings
• s 1317P — Criminal proceedings after civil proceedings
• s 1317Q — Evidence given in proceedings for penalty not admissible in criminal proceedings
• s 1317QA — Continuing contraventions of civil penalty provisions

Research how courts apply s 1317N

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