(1) Proceedings for a civil penalty order against a person for the contravention of a civil penalty provision are stayed if—
(a) criminal proceedings are commenced or have already been commenced against the person for an offence; and
(b) that offence is constituted by conduct that is substantially the same as the conduct alleged to constitute the contravention.
(2) If a person referred to in subsection (1)—
(a) is not convicted of the offence—the proceedings for the civil penalty order may be resumed; or
(b) is convicted of the offence—the proceedings for the civil penalty order are dismissed.