Criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether:

(a)

a declaration of contravention has been made against the person; or

(b)

a pecuniary penalty order has been made against the person; or

(c)

a compensation order has been made against the person; or

(d)

the person has been disqualified from managing a corporation under Part 2D.6.