Victorian Current Acts

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AUSTRALIAN CONSUMER LAW AND FAIR TRADING ACT 2012 - SECT 215

Findings and admissions of fact made in a proceeding to be evidence

    (1)     In a proceeding against a person under section 216 or 217, a finding of fact made by a court or an admission of any fact made by the person before a court is evidence of that fact if the finding or admission is made in a proceeding under section 201, 210, 210A or 211 in which the person has been found to have contravened, or to have been involved in a contravention of, a provision of this Act (other than the Australian Consumer Law (Victoria)).

    (2)     In a proceeding against a person under section 236, 237, 238 or 239 of the Australian Consumer Law (Victoria), a finding of fact made by a court is evidence of that fact if the finding is made in a proceeding under section 228, 232, 233, 234, 237, 246, 247 or 248 or any provision of Chapter 4 of that Law in which the person has been found to have contravened, or to have been involved in a contravention of, the Australian Consumer Law (Victoria).

    (3)     In a proceeding against a person under section 236, 237, 238 or 239 of the Australian Consumer Law (Victoria), an admission of any fact made by the person before a court is evidence of that fact if the admission is made in a proceeding under section 201, 210, 210A or 211 in which the person has been found to have contravened, or to have been involved in a contravention of, a provision of this Act (other than the Australian Consumer Law (Victoria)).

    (4)     A finding of fact referred to in subsection (1) or (2) may be proved by production of a document under the seal of the court from which the finding appears.

    (5)     An admission of a fact referred to in subsection (1) or (3) may be proved by production of a document from which the admission appears that is filed in the court.



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