NSWIn ForceAct
Cemeteries and Crematoria Act 2013
122Evidence given in proceedings for pecuniary penalty order not admissible in criminal proceedings
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#### 122 Evidence given in proceedings for pecuniary penalty order not admissible in criminal proceedings
122 Evidence given in proceedings for pecuniary penalty order 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—
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> > > (a) the individual previously gave the information 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
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> > > (b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.
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> > (2) However, subsection (1) does not apply to criminal proceedings in relation to the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.