564Evidence given in proceedings for penalty not admissible in criminal proceedings

#### 564 Evidence given in proceedings for penalty not admissible in criminal proceedings 564 Evidence given in proceedings for penalty not admissible in criminal proceedings (cf Corporations Act s 1317Q) > 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. > > 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.