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

(a)

criminal proceedings are started or have already been started against the person 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 declaration or order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the declaration or order are dismissed.