Victorian Numbered Acts Victorian Numbered Acts(1) The Supreme Court must not make a pecuniary penalty order against a person in relation to a contravention of section 31 if the person has been convicted of an offence constituted by conduct which is substantially the same as the conduct constituting the contravention.
(2) Proceedings for a pecuniary penalty order against a person in relation to a contravention of section 31 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 substantially the same as the conduct alleged to constitute the contravention of section 31.
(3) Proceedings for a pecuniary penalty order against a person in relation to a contravention of section 31 stayed under subsection (2)—
(a) may be re-commenced if the person is not convicted of the offence;
(b) must be dismissed if the person is convicted of the offence.
(4) Criminal proceedings may be commenced against a person for conduct which is substantially the same as conduct constituting a contravention of section 31 regardless of whether a pecuniary penalty order has been made against the person in respect of the contravention of section 31.
(5) Subject to subsection (6), evidence of information given, or evidence of production of documents, by a natural person is not admissible in criminal proceedings against the natural person if—
(a) the natural person previously gave the evidence or produced the document in proceedings for a pecuniary penalty order against the natural person for a contravention of section 31, whether or not the pecuniary penalty order was made; and
(b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention of section 31.
(6) Subsection (5) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the natural person in the proceedings for the pecuniary penalty order.
(7) In this section, contravention of section 31 includes conduct referred to in section 32(2)(b), (c), (d), (e) or (f) which relates to a contravention of section 31.