Victorian Numbered Acts Victorian Numbered Acts(1) Subject to subsection (2), criminal proceedings may be commenced against a person for conduct that is substantially the same as conduct constituting the contravention of a civil penalty provision, regardless of whether a civil penalty order has been made against the person.
(2) Criminal proceedings that relate to a charge for an offence against section 46 may not be commenced against a person if proceedings for a civil penalty order have at any time commenced against that person in relation to conduct that is the same, or substantially the same, as the conduct alleged to constitute the offence against section 46.