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.