Victorian Numbered Acts

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CIRCULAR ECONOMY (WASTE REDUCTION AND RECYCLING) ACT 2021 (NO. 55 OF 2021) - SECT 140

Criminal proceeding during proceeding for civil penalty order

    (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.



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