264—Criminal proceedings during civil proceedings
(1) Proceedings
against a person for a contravention of a WHS civil penalty provision are
stayed if—
(a)
criminal proceedings are commenced or have already 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 the WHS civil penalty
provision.
(2) The proceedings
for the order may be resumed if the person is not convicted or found guilty of
the offence. Otherwise, the proceedings for the order are dismissed.