(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 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.

(2)

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.