(1) The Court must not make a declaration that a person is in breach of a provision of this Act that is not an offence provision if the person has been convicted of an offence constituted by conduct that is substantially the same as the conduct constituting the breach.
(2) Proceedings for a declaration referred to in subsection (1) are stayed if:
(a) criminal proceedings are commenced or have already been 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 breach.
(3) The proceedings for the declaration referred to in subsection (1) may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the declaration must be dismissed.