Document ID: chunk:federal_register_of_legislation:C2008A00159:clause:1_486y
Version: federal_register_of_legislation:C2008A00159
Segment Type: clause
Provision Reference: sch 1 cl 486Y
Character Range: 52511–53309

486Y  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 evidence or produced the documents in proceedings against the individual for an 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.