370LEvidence given in civil penalty proceedings not admissible in criminal proceedings

370L Evidence given in civil penalty proceedings not admissible in criminal proceedings

370L Evidence given in civil penalty proceedings not admissible in criminal proceedings

(1) Evidence of information given by an individual or evidence of the production of a document by the individual is not admissible in criminal proceedings against the individual if—

(a) the information or document is only known to the prosecutor because the individual relied on the information or document in proceedings against the individual for a contravention of a civil penalty provision, and

(b) the conduct alleged to constitute the offence is substantially the same as the conduct alleged to constitute the contravention of the civil penalty provision.

(2) This section does not apply to criminal proceedings in relation to the individual giving false evidence in the proceedings for the contravention of the civil penalty provision.

s 370L: Ins 2025 No 70, Sch 3[138].