19Information not admissible in evidence

19 Information not admissible in evidence

(1) A report, and evidence about the contents of a report, are not admissible in evidence in a court. (2) However subsection (1) does not apply in proceedings in relation to whether a person committed an offence under section 137.1 of the Criminal Code (False or misleading information) in making the report. (3) Subsection (1) does not prevent information obtained from a source other than a report from being admissible in evidence in a court. (4) If, despite subsection 18 (1), a person uses information in a report to: (a) take disciplinary action against an employee of the person; or (b) make an administrative decision under an Act, or an instrument made under an Act, against a person; the report, or evidence about the contents of the report, may be used, as evidence of the misuse of the information, in any appeal against the taking of the disciplinary action or the making of the administrative decision. (5) Subsection (4) applies only if the ATSB issues a certificate stating that: (a) the use of a report, or evidence about the contents of the report, in specified proceedings is not likely to reduce reporting under the REPCON scheme; or (b) any reduction in reporting under the REPCON scheme that might occur because of the use of a report, or evidence about the contents of the report, in specified proceedings is outweighed by the public interest in the use of the report, or evidence about the contents of the report, in those proceedings.