Section 264 — Work Health and Safety Act 2011: 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.