Document ID: chunk:federal_register_of_legislation:C2004A01357:clause:2_12
Version: federal_register_of_legislation:C2004A01357
Segment Type: clause
Provision Reference: sch 2 cl 12
Character Range: 34170–34968

12  Evidence given in proceedings for 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 breach of a provision listed in subclause 2(1) (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.