Document ID: chunk:federal_register_of_legislation:C2019A00017:clause:4_75p
Version: federal_register_of_legislation:C2019A00017
Segment Type: clause
Provision Reference: sch 4 cl 75P
Character Range: 288994–289915

75P  Evidence given in civil proceedings not admissible in criminal proceedings
 (1) 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 information or produced the documents in proceedings for a declaration of contravention or a pecuniary penalty order against the individual for an alleged contravention of a civil penalty provision (whether or not the order was made); and
 (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged to constitute the contravention.
 (2) However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the declaration of contravention or the pecuniary penalty order.

Subdivision C—Miscellaneous