(1) Proceedings for a pecuniary penalty order against a person or organisation are stayed if:
(a) criminal proceedings are started or have already been started against the person or organisation 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 order may be resumed if the person or organisation is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.