Commonwealth Consolidated Acts

COMPETITION AND CONSUMER ACT 2010 - SECT 83

  (1)   In a proceeding against a person under section   82 or in an application under subsection   51ADB(1), 53ZO(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 56BZI(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, IVB, IVBA, IVBB or IVE; or

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

  (iia)   a civil penalty provision of a gas market instrument; or

  (iii)   subsection   56BO(1) or 56BU(1), section   56BZA, 56BZB or 56BZC, subsection   56BZD(1), section   56BZJ 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.