National Consumer Credit Protection Act 2009
CHAPTER 4
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REMEDIES
PART 4-1
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CIVIL PENALTY PROVISIONS
Division 3
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General provisions relating to civil penalty provisions
SECTION 174
EVIDENCE GIVEN IN PROCEEDINGS FOR PECUNIARY PENALTY NOT ADMISSIBLE IN CRIMINAL PROCEEDINGS
174(1)
Evidence of information given, or evidence of production of documents, by a natural person is not admissible in criminal proceedings against the natural person if:
(a) the natural person previously gave the information or produced the documents in proceedings for a declaration of contravention, a pecuniary penalty order or a relinquishment order against the natural person for a contravention of a civil penalty provision (whether or not the declaration or order was made); and
(b) the conduct alleged to constitute the offence is substantially the same as the conduct in relation to which the declaration or order was sought.
174(2)
However, this does not apply to criminal proceedings in relation to the falsity of the evidence given by the natural person in the proceedings for the declaration or order.
Evidence of information given, or evidence of production of documents, by a natural person is not admissible in criminal proceedings against the natural person if:
(a) the natural person previously gave the information or produced the documents in proceedings for a declaration of contravention, a pecuniary penalty order or a relinquishment order against the natural person for a contravention of a civil penalty provision (whether or not the declaration or order was made); and
(b) the conduct alleged to constitute the offence is substantially the same as the conduct in relation to which the declaration or order was sought.
View history note
Hide history note174(2)
However, this does not apply to criminal proceedings in relation to the falsity of the evidence given by the natural person in the proceedings for the declaration or order.