For the purposes of this Part, a certificate that:
- (a)
- purports to be signed
by the Registrar or other proper officer of an Australian court; and
- (b)
- states:
- (i)
- that that court has declared that a specified person has, by failing to
prevent a specified company from incurring a specified debt, contravened
subsection 588G(3) in relation to the company; or
- (ii)
- that a specified person was convicted by that court for an offence
constituted by a contravention of section 588G in relation to the
incurring of a specified debt by a specified company; or
- (iii)
- that a specified person charged before that court with such an offence
was found in that court to have committed the offence but that the court did
not proceed to convict the person of the offence;
is, unless it is proved that the declaration, conviction or finding was set
aside, quashed or reversed, conclusive evidence:
- (c)
- that the declaration was made, that the person was convicted of the
offence, or that the person was so found, as the case may be; and
- (d)
- that the person committed the contravention.
Subdivision BProceedings by creditor