Document ID: chunk:federal_register_of_legislation:C2007C00653:clause:1_42yi
Version: federal_register_of_legislation:C2007C00653
Segment Type: clause
Provision Reference: sch 1 cl 42YI
Character Range: 135650–136484

42YI  Evidence given in proceedings for civil 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 a pecuniary penalty order against the individual for a contravention of a civil penalty provision (whether or not the order was made); and
 (b) 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.

Part 5A‑2—Infringement notices