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WORK HEALTH AND SAFETY ACT 2011 - SECT 266
Evidence given in proceedings for contravention of WHS civil penalty provision not admissible in criminal proceedings
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 criminal proceedings against the individual
if— (a) the individual previously gave the information or produced the
documents in proceedings 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 criminal
proceedings in relation to the falsity of the evidence given by the individual
in the proceedings for the contravention of the WHS civil penalty provision.
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