49 Applicable rules, procedure, and standard of proof The proceedings under sections 45 and 46 are civil proceedings to which the usual rules of the court, rules of evidence, and procedure for civil proceedings apply (including the standard of proof).
In my view, that's bad, for obvious reasons. Less obvious fish-hooks include things like different (vis reduced) entitlement to legal aid for civil proceedings.
The Bill of Rights vet touched on the problem of criminal penalties in drag but summarily concluded that any breaches of rights, including the minimum standards of criminal procedure, were justified. I'm not so convinced.
This approach is a dangerous precedent. Perhaps something worthy of Law Commission consideration.
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The Legislation Advisory Committee had similiar concerns. If I recall my suggestion was a civil regime for lower level offending (small fines) and a criminal regime for the big time operators like Atkinson. That would also allow possible sentences beyond just fines.
IIRC the Government thought two regimes would be too difficult and opted for civil for everything.
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