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Contents (2011 - 10)
Work Health and Safety Act 2011 No 10
Current version for 7 July 2017 to date (accessed 24 November 2017 at 18:47)
Part 13 Division 7 Section 266
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.