59Evidence given in proceedings for penalty not admissible in criminal proceedings

#### 59 Evidence given in proceedings for penalty not admissible in criminal proceedings (1) Evidence of information given or evidence of production of documents by a natural person 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 pecuniary penalty order against the person for a contravention of a civil remedy provision (whether or not the order was made); and (b) the conduct alleged to constitute the offence is the same, or substantially the same, as the conduct alleged 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 person in the proceedings for the pecuniary penalty order.