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WORK HEALTH AND SAFETY ACT 2012 - REG 266
Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings
(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 against the individual for a contravention of a WHS 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 alleged to constitute the contravention of the WHS civil penalty
provision.
(2) However, this does not apply to criminal proceedings in relation to
the falsity of the evidence given by the individual in the proceedings for the
contravention of the WHS civil penalty provision.
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