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COMPETITION AND CONSUMER ACT 2010 - SECT 137H

Finding in proceedings to be evidence

             (1)  In an action against a person under subsection 236(1) of the Australian Consumer Law:

                     (a)  a finding of a fact by a court to which subsection (3) of this section applies is prima facie evidence of that fact; and

                     (b)  the finding may be proved by production of a document under the seal of the court from which the finding appears.

             (2)  In proceedings for an order against a person under subsection 237(1) or 239(1) of the Australian Consumer Law:

                     (a)  a finding of a fact by a court to which subsection (3) of this section applies is prima facie evidence of that fact; and

                     (b)  the finding may be proved by production of a document under the seal of the court from which the finding appears.

             (3)  This subsection applies to a finding of a fact by a court that is made in proceedings under section 228, 232, 246, 247 or 248 of the Australian Consumer Law, or for an offence against a provision of Chapter 4 of the Australian Consumer Law, in which the person has been found:

                     (a)  to have contravened a provision of Chapter 2, 3 or 4 of the Australian Consumer Law; or

                     (b)  to have attempted to contravene such a provision; or

                     (c)  to have aided, abetted, counselled or procured a person to contravene such a provision; or

                     (d)  to have induced, or attempted to induce, a person, whether by threats or promises or otherwise, to contravene such a provision; or

                     (e)  to have been in any way, directly or indirectly, knowingly concerned in, or party to, the contravention by a person of such a provision; or

                      (f)  to have conspired with others to contravene such a provision.



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