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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 486D
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.
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