Evidence given in proceedings for penalty not admissible in criminal proceedings (cf Corporations Act s 1317Q)
564 Evidence given in proceedings for penalty not admissible in criminal proceedings (cf Corporations Act s 1317Q)
Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings against the individual if:
the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and
the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.
However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.
This Act’s bill:Explanatory statement
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