Queensland Consolidated Acts

COAL MINING SAFETY AND HEALTH ACT 1999 - SECT 267J

267J Civil penalty can not be imposed after criminal proceeding

(1) A civil penalty must not be imposed on a relevant corporation on the grounds of a contravention of a civil penalty obligation if the corporation has been convicted or found guilty of a corresponding offence.

(2) Subsection (3) applies if—

(a) the CEO has given a relevant corporation a proposed penalty notice in relation to a contravention of a civil penalty obligation; and

(b) before the CEO makes a decision under section 267I , a criminal proceeding is started against the corporation for a corresponding offence.

(3) A civil penalty must not be imposed on the corporation on the grounds of the contravention unless the criminal proceeding ends without the corporation being convicted or found guilty of a corresponding offence.

(4) This section applies despite any other provision of this part.