South Australian Repealed Acts

This legislation has been repealed.

TRADE MEASUREMENT ADMINISTRATION ACT 1993 - SECT 12

12—Double jeopardy

        (1)         If an act or omission is both an offence under the principal Act and an offence under a law of the Commonwealth, or of another State, or of a Territory of the Commonwealth, a person who—

            (a)         is convicted of the offence under that law; or

            (b)         is found by a court to have committed the offence under that law but is not convicted,

is not liable to be proceeded against for the offence under the principal Act.

        (2)         In proceedings under the principal Act, a certificate that complies with subsection (3) in relation to a conviction or finding of a court is conclusive evidence of the conviction or finding unless it is proved—

            (a)         that the conviction was quashed or set aside; or

            (b)         that the finding was set aside or reversed.

        (3)         A certificate complies with this subsection if it is signed by the registrar or other proper officer of the court that directed the conviction or made the finding and is to the effect—

            (a)         that a named person was, on a stated date, convicted by that court of a specified offence; or

            (b)         that a named person charged with a specified offence was, on a stated date, found by that court to have committed the offence but was not convicted.