122Evidence 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

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—

(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

(b) the conduct alleged to constitute the offence is substantially the same as the conduct that was claimed to constitute the contravention.

(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.