Document ID: chunk:federal_register_of_legislation:C2025C00182:section:12gbck
Version: federal_register_of_legislation:C2025C00182
Segment Type: section
Provision Reference: s 12GBCK
Character Range: 197300–198183

12GBCK  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, a pecuniary penalty order or a relinquishment 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 pecuniary penalty order.