Commonwealth Consolidated Acts Commonwealth Consolidated Acts(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.