Document ID: chunk:federal_register_of_legislation:C2024C00461:section:145
Version: federal_register_of_legislation:C2024C00461
Segment Type: section
Provision Reference: s 145
Character Range: 199196–200046

145  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 for an offence if:
 (a) the individual previously gave the information or produced the documents in proceedings against the individual for a pecuniary penalty order 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.

Division 3—Enforceable undertakings