Criminal proceedings after civil proceedings
(1) Subject to subsection (2), criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether: (a) a declaration of contravention has been made against the person; or (b) a pecuniary penalty order has been made against the person; or (baa) a relinquishment order has been made against the person; or (ba) a refund order has been made against the person; or (c) a compensation order has been made against the person; or (d) the person has been disqualified from managing a corporation under Part 2D.6; or (e) a banning order, or an order by the Court under section 921A (about disqualification by the Court), has been made against the person. (2) Subsection (1) does not apply if: (a) an infringement notice is issued under section 1317DAC to the person for an alleged contravention of subsection 674(2) or 675(2); and (b) the infringement notice is not withdrawn under section 1317DAI.
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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