Document ID: chunk:federal_register_of_legislation:C2009C00384:clause:4_219tsge
Version: federal_register_of_legislation:C2009C00384
Segment Type: clause
Provision Reference: sch 4 cl 219TSGE
Character Range: 79045–79838

219TSGE  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 civil penalty order against the individual 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 the same, or substantially the same, as the conduct alleged to constitute the contravention.
However, this does not apply to criminal proceedings in respect of the falsity of the evidence given by the individual in the proceedings for the civil penalty order.