Commonwealth Consolidated Acts

INSURANCE CONTRACTS ACT 1984 - SECT 75M

  (1)   Proceedings for a declaration of contravention or a pecuniary penalty order against a person for a contravention of a civil penalty provision are stayed if:

  (a)   criminal proceedings are commenced or have already been 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)   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.