42Admissibility of information voluntarily given by impacted entity

42  Admissibility of information voluntarily given by impacted entity

 (a) has been provided by, or on behalf of, an entity (the impacted entity) under subsection 35(2) or as referred to in subsection 39(1); and

 (b) has been obtained by a Commonwealth body or State body under subsection 35(2), 38(1), 39(1), 39(2) or 40(2); and

Note: This section does not apply to information held by the Commonwealth body or State body to the extent that it has been otherwise obtained.

 (2) That information is not admissible in evidence against the impacted entity in any of the following proceedings:

 (a) criminal proceedings for an offence against a Commonwealth, State or Territory law, other than:

 (i) proceedings for an offence against section 137.1 or 137.2 of the Criminal Code (which deal with false or misleading information or documents) that relates to this Act; or

 (ii) proceedings for an offence against section 149.1 of the Criminal Code (which deals with obstruction of Commonwealth public officials) that relates to this Act;

 (b) civil proceedings for a contravention of a civil penalty provision of a Commonwealth, State or Territory law, other than a civil penalty provision of this Part;

 (3) However, this section does not apply to the following:

 (b) proceedings in a federal court exercising original jurisdiction in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth.

 (4) This section does not limit or affect any right, privilege or immunity that the entity has, apart from this section, as a defendant in any proceedings.