321Evidence given or produced during proceeding for civil penalty order

321 Evidence given or produced during proceeding for civil penalty order (1) Evidence of information given or evidence of documents produced by an individual is not admissible in criminal proceedings against the person if— (a) the person previously gave the evidence or produced the documents in proceedings for a civil penalty order against the person 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) Subsection (1) does not apply to criminal proceedings in respect of the falsity of the evidence given by the person in the proceedings for the civil penalty order. S. 322 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12−30, 3/2020 ss 42–44, 47/2020 s. 26).