WORKPLACE RELATIONS ACT 1996 - SECT 734 Evidence given in proceedings for pecuniary penalty not admissible in criminal proceedings

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 734

                   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 evidence or produced the documents in proceedings for an order under a civil remedy provision requiring the individual to pay a pecuniary penalty (whether or not the order was made); and

                     (b)  the conduct alleged to constitute the offence is substantially the same as the conduct in relation to which the order was sought.

However, this does not apply to a criminal proceeding in respect of the falsity of the evidence given by the individual in the proceedings under the civil remedy provision.