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Environment Protection Act 2019
255Evidence not admissible in criminal proceedings
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255 Evidence not admissible in criminal proceedings
(1) Evidence of information given or evidence of the production of
documents by a person is not admissible in a criminal proceeding
against the person if:
(a) the person gave the evidence or produced the documents in
the course of a proceeding under this Division for the recovery
of an amount as a civil penalty in relation to a contravention of
this Act; and
(b) the conduct alleged to constitute the offence is substantially
the same as the conduct that was alleged to constitute the
Environment Protection Act 2019 223
(2) Subsection (1) does not prevent the use of information given by a
person to locate or identify further evidence that may be used in
evidence against the person in a proceeding for an offence or the
imposition of a penalty.
(3) Subsection (1) does not apply to a criminal proceeding in relation to
the provision of false or misleading information or documents.