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.