Commentary on Sections General Section 310: Admissibility of statements
1291.Subsection (1) provides that any statement made by a person in response to a requirement (under the provisions of the Act listed in subsection (4)) to provide information is admissible in evidence in any proceedings, provided that it otherwise complies with any requirements governing its admissibility.
1292.But subsections (2) and (3) provide that where a person who has made such a statement is subject to criminal proceedings in which that person is charged with a “relevant offence” (defined in subsection (4)), or to the proceedings specified in subsection (3) as a result of which that person may be required to pay a civil penalty, no evidence or question relating to the statement may be adduced or asked by or on behalf of the prosecution, or as the case may be the Regulator, unless evidence or a question relating to it is first raised by or on behalf or the person who made the statement.