• Specific Year
    Any

WATER ACT 2007 - SECT 154 Evidence given in proceedings for penalty not admissible in criminal proceedings

WATER ACT 2007 - SECT 154

Evidence given in proceedings for penalty not admissible in criminal proceedings

    Evidence of information given or evidence of production of documents by an individual is not admissible in criminal proceedings for an offence against a law of the Commonwealth or a law of a State against the individual if:

  (a)   the individual previously gave the evidence or produced the documents in proceedings for a pecuniary penalty order against the individual for a contravention of a 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 that was claimed to constitute the contravention.

However, this does not apply to criminal proceedings in respect of the falsity of the evidence given by the individual in the proceedings for the pecuniary penalty order.

Download

No downloadable files available