205PEvidence given in proceedings for a civil penalty order not admissible in criminal proceedings

205P  Evidence given in proceedings for a civil penalty order 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 civil 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 civil penalty order. 205PAA  Mistake of fact  (1) A person is not liable to have a civil penalty order made against the person for a contravention of a civil penalty provision (other than subsection 202(1A) or (2AA)) if:  (a) at or before the time of the conduct constituting the contravention, the person:  (i) considered whether or not facts existed; and  (ii) was under a mistaken but reasonable belief about those facts; and  (b) had those facts existed, the conduct would not have constituted a contravention of the civil penalty provision.  (2) For the purposes of subsection (1), a person may be regarded as having considered whether or not facts existed if:  (a) the person had considered, on a previous occasion, whether those facts existed in the circumstances surrounding that occasion; and  (b) the person honestly and reasonably believed that the circumstances surrounding the present occasion were the same, or substantially the same, as those surrounding the previous occasion.  (3) A person who wishes to rely on subsection (1) or (2) in proceedings for a civil penalty order bears an evidential burden in relation to that matter. Part 14C—Injunctions   205PA  Simplified outline • The Federal Court may grant injunctions in relation to contraventions of subsection 121FG(3) or section 136A, 136B, 136C, 136D or 136E or subclause 49(3) of Schedule 6 (which deal with the provision of unlicensed services). • The Federal Court may also grant injunctions in relation to contraventions of section 26AA (which deals with television licence area plans). • The Federal Court may also grant injunctions in relation to transactions that are prohibited under Division 5A of Part 5 (which deals with media diversity).