# 58 Admissibility of information given by an entity that has been requested or required by the Board

- (1) This section applies to information that:
- (a) has been provided by an entity to the Board under section 48, 49 or 51; and
- (b) has been obtained under section 48, 49, 51, 54, 55 or 56 by a Commonwealth body or a State body; and
- (c) is held by the Commonwealth body or State body.

Note: This section does not apply to information held by the Commonwealth body or State body to the extent that it has been otherwise obtained.

- (2) The information is not admissible in evidence against the entity in any of the following proceedings:
- (a) criminal proceedings for an offence under a Commonwealth law, other than:
  - (i) proceedings for an offence against section 137.1 or 137.2 of the *Criminal Code* (which deal with false or misleading information or documents) that relates to this Act; or
  - (ii) proceedings for an offence against section 149.1 of the *Criminal Code* (which deals with obstruction of Commonwealth public officials) that relates to this Act;
- (b) civil proceedings for a contravention of a civil penalty provision of a Commonwealth law, other than a civil penalty provision of this Part;
- (c) proceedings for a breach of any other Commonwealth, State or Territory law (including the common law);
- (d) proceedings before a tribunal of the Commonwealth, a State or a Territory.
- (4) This section does not apply to the following:
- (a) the proceedings of a coronial inquiry or a Royal Commission in Australia;
- (b) proceedings in a federal court exercising original jurisdiction in which a writ of mandamus or prohibition or an injunction is sought against an officer or officers of the Commonwealth.

Note: For ***federal court***, see section 2B of the *Acts Interpretation Act 1901*.

- (5) This section does not limit or affect any right, privilege or immunity that the entity has, apart from this section, as a defendant in any proceedings.