(1) A proceeding for a civil penalty order is stayed if—
(a) a criminal proceeding is or has 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) If the person—
(a) is not found guilty of the offence—the proceeding for the civil penalty order may be resumed; or
(b) is found guilty of the offence—the proceeding for the civil penalty order is dismissed.