Document ID: chunk:federal_register_of_legislation:C2007C00183:clause:1_195
Version: federal_register_of_legislation:C2007C00183
Segment Type: clause
Provision Reference: sch 1 cl 195
Character Range: 680912–681703

195  Evidence given in proceedings for pecuniary penalty 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 if:
 (a) the individual previously gave the evidence or produced the documents in proceedings for an order under a civil remedy provision requiring the individual to pay a pecuniary penalty (whether or not the order was made); and
 (b) the conduct alleged to constitute the offence is substantially the same as the conduct in relation to which the order was sought.
However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings under the civil remedy provision.