Evidence given in civil proceedings not admissible in criminal proceedings
69EJK Evidence given in civil proceedings not admissible in criminal proceedings
Evidence of information given, or evidence of production of documents, by an individual is not admissible in criminal proceedings against the individual for an offence if:
the individual previously gave the evidence or produced the documents in proceedings for a civil penalty order against the individual for an alleged contravention of a civil penalty provision (whether or not the order was made); and
the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention.
However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the civil penalty order.
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