266Evidence given in proceedings for contravention of WHS

266 Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings (1) Evidence of information given, or evidence of production of documents, by an individual is not admissible in a criminal proceeding against the individual if— (a) the individual previously gave the information or produced the documents in a proceeding against the individual for a contravention of a WHS 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 alleged to constitute the contravention of the WHS civil penalty provision. (2) However, this does not apply to a criminal proceeding in relation to the falsity of the evidence given by the individual in the proceeding for the contravention of the WHS civil penalty provision.