(1) Proceedings for an order for a person to pay a pecuniary penalty for contravening a civil penalty provision are stayed if:
(a) criminal proceedings are started, or have already been started, 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.
(2) The proceedings for the order may be resumed if the person is not convicted of the offence. Otherwise, the proceedings for the order are dismissed.