National Consumer Credit Protection Act 2009

CHAPTER 4 - REMEDIES  

PART 4-1 - CIVIL PENALTY PROVISIONS  

Division 3 - 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.