Inadmissibility of evidence in criminal proceedings
117ABZE Inadmissibility of evidence in criminal proceedings
Evidence of information given or evidence of the production of documents by a person is not admissible in a criminal proceeding against a person if:
the person gave the evidence or produced the documents in the course of a proceeding under this Division for the recovery of an amount as a civil penalty in relation to a contravention of this Act;
and
(b) the conduct alleged to constitute the offence is substantially the same as the conduct alleged to constitute the contravention.
Subsection (1) does not prevent the use of information given or a document produced by a person to locate or identify further evidence that may be used in evidence against the person in a proceeding for an offence or the imposition of a penalty.
Subsection (1) does not apply to a criminal proceeding in relation to the provision of misleading information or documents.
This Act’s bill:Second reading speech
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