Commonwealth Numbered Acts

TRADE PRACTICES AMENDMENT ACT 1977 No. 81 of 1977 - SECT 50

50. Sections 81, 82 and 83 of the Principal Act are repealed and the following
sections substituted:- Divestiture.
''81. (1) The Court may, on the application of the Minister, the Commission or
any other person, if it finds, or has in another proceeding instituted under
this Part found, that a corporation has contravened section 50, by order, give
directions for the purpose of securing the disposal by the corporation of all
or any of the shares or assets acquired in contravention of that section.

''(2) An application under sub-section (1) may be made at any time within 3
years after the date on which the contravention occurred. Actions for damages.
''82. (1) A person who suffers loss or damage by conduct of another person
that was done in contravention of a provision of Part IV or V may recover the
amount of the loss or damage by action against that other person or against
any person involved in the contravention.

''(2) An action under sub-section (1) may be commenced at any time within 3
years after the date on which the cause of action accrued. Finding in
proceedings to be evidence.
''83. In a proceeding against a person under section 82 or in an application
under sub-section 87 (1A) for an order against a person, a finding of any fact
by a court made in proceedings under section 77, 80, 80A or 81, or for an
offence against section 79, in which that person has been found to have
contravened, or to have been involved in a contravention of, a provision of
Part IV or V is prima facie evidence of that fact and the finding may be
proved by production of a document under the seal of the court from which the
finding appears.''.