Page 1136 - Week 04 - Tuesday, 6 May 2014

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(2) Without limiting the Rail Safety National Law (ACT), section 155, any answer to a question or information provided or document obtained as a direct result or indirect consequence of the answer, information or document being provided by a person under a requirement or direction of an authorised person under this part or the testing provisions is not admissible as evidence against that person in a civil or criminal proceeding other than a proceeding arising out of the false and misleading nature of the answer, information or document.

(3) However—

(a) any information or document required to be kept under the Rail Safety National Law (ACT) that is provided by a person under a requirement under the Law, section 154 (Power to require production of documents and answers to questions) is admissible in evidence against the person in a criminal proceeding; and

(b) any information obtained from a person under this part or the testing provisions that is in a document that the person is required to keep under the Rail Safety National Law (ACT)—

(i) is admissible in evidence against the person in a criminal proceeding; or

(ii) may be used in any action, proceeding or process that may make a person liable to a penalty.

Schedule 2

Planning and Development (Extension of Time) Amendment Bill 2014

Amendments moved by Mr Brendan Smyth

Proposed new clause 3A

Page 3, line 2—

insert

3A Lease variation charge under s 277—improvements

Section 277A

omit

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