Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 83

Findings and admissions of fact in proceedings to be evidence

             (1)  In a proceeding against a person under section 82 or in an application under subsection 51ADB(1) or 87(1A) for an order against a person, a finding of any fact made by a court, or an admission of any fact made by the person, is prima facie evidence of that fact if the finding or admission is made in proceedings:

                     (a)  that are proceedings:

                              (i)  under section 77, 80, 81, 86C, 86D or 86E; or

                             (ii)  for an offence against section 45AF or 45AG or subsection 56BN(1) or 56CC(1); and

                     (b)  in which that person has been found to have contravened, or to have been involved in a contravention of:

                              (i)  a provision of Part IV or IVB; or

                             (ii)  section 55B, 60C or 60K; or

                            (iii)  subsection 56BO(1) or 56BU(1), section 56CD or a civil penalty provision of the consumer data rules.

             (2)  The finding or admission may be proved by production of:

                     (a)  in any case--a document under the seal of the court from which the finding or admission appears; or

                     (b)  in the case of an admission--a document from which the admission appears that is filed in the court.



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