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RESIDENTIAL TENANCIES ACT 1997 - SECT 498AE

Pecuniary penalties and offences

    (1)     The Magistrates' Court must not make an order under section 498AD against a person in relation to a residential rights contravention if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the contravention.

    (2)     Any proceeding for an order under section 498AD against a person in relation to a pecuniary penalty provision is stayed if—

        (a)     a criminal proceeding commences or has 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 residential rights contravention.

    (3)     A proceeding for an order under section 498AD that has been stayed under subsection (2)—

        (a)     may be resumed if the person is not convicted of the offence; or

        (b)     is dismissed if the person is convicted of the offence.

    (4)     A criminal proceeding may be commenced against a person for conduct that is substantially the same as conduct constituting a residential rights contravention regardless of whether an order under section 498AD has been made against the person in respect of the contravention.

    (5)     Subject to subsection (6), evidence of information given, or evidence of the production of documents, by an individual is not admissible in any criminal proceeding against the individual if—

        (a)     the individual previously gave the evidence or produced the documents in any proceeding for an order under section 498AD against the individual in relation to a residential rights contravention (whether or not the 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.

    (6)     Subsection (5) does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceeding for the order.

S. 498AF inserted by No. 45/2018 s. 321.



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