Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:2_11
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 2 cl 11
Character Range: 652766–654103

11  Criminal proceedings after civil proceedings

  Criminal proceedings may be started against a person for conduct that is substantially the same as conduct constituting a contravention of a civil penalty provision regardless of whether:
 (a) a declaration of contravention has been made against the person; or
 (b) a pecuniary penalty order has been made against the person; or
 (c) a compensation order has been made against the person; or
 (d) the person has been disqualified from managing a Commonwealth authority under section 27C.

   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 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.