(a)if the subject has been charged with the alleged offence, the subject is deemed to have been granted a discharge not amounting to an acquittal in relation to the alleged offence, when the DPA comes into force;
Section history
Section 149C — Effect of DPA on court proceedings while DPA is in force
Consolidated view is experimental and may be broken for certain provisions.
Amendments
After a DPA is entered into between the Public Prosecutor and a subject in respect of an alleged offence, the following apply:
(b)while the DPA is in force, the subject cannot be prosecuted for the alleged offence in any criminal proceedings;
(c)while the DPA is in force, any limitation period or time limit for the commencement of any of the following matters is suspended:
(i)the prosecution of the alleged offence;
(ii)any civil penalty action in respect of the alleged offence;
(iii)any proceedings for an order for disgorgement of a benefit derived from the alleged offence;
(iv)any proceedings for the confiscation of any property that —
(A)is used, or intended to be used, for the commission of the alleged offence; or
(B)constitutes a benefit derived from the alleged offence;
(v)any disciplinary proceedings, or other proceedings relating to the imposition of any regulatory measure, under any written law, that arise from the facts of the alleged offence.