New South Wales Consolidated Acts

FAIR TRADING ACT 1987 - SECT 85A

85A Findings in certain proceedings to be evidence

(1) In proceedings under section 236, 237 or 239 of the ACL or section 77 of this Act, or in an application under section 73 of this Act for an order against a person:

(a) a finding of fact by a court to which this section applies is 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) This section applies to a finding of fact by a court in proceedings under section 228, 232, 246, 247 or 248 of the ACL or section 79 of this Act, or for an offence against this Act (other than the ACL) or Chapter 4 of the ACL, in which the person has been found:

(a) to have contravened a provision of this Act (other than the ACL) or of Chapter 2, 3 or 4 of the ACL, 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.