FAIR TRADING ACT 2010 - SECT 108
FAIR TRADING ACT 2010 - SECT 108
108 . Findings of fact or admissions in certain proceedings to be evidence in others
(1) In an action
against a person under the Australian Consumer Law (WA) section 236(1) —
(a) a
finding of a fact by a court, or an admission of a fact by the person, in
proceedings to which subsection (3) applies is prima facie evidence of that
fact; and
(b) the
finding or admission may be proved by production of a document under the seal
of the court from which the finding or admission appears.
(2) In proceedings for
an order against a person under section 105(3) or the Australian Consumer Law
(WA) section 237(1), 238(1) or 239(1) —
(a) a
finding of a fact by a court, or an admission of a fact by the person, in
proceedings to which subsection (3) applies is prima facie evidence of that
fact; and
(b) the
finding or admission may be proved by production of a document under the seal
of the court from which the finding or admission appears.
(3) This subsection
applies to proceedings under section 99 or 100, or the Australian Consumer Law
(WA) section 228, 232, 246, 247 or 248, or for an offence against this Act, in
which the person has been found to have contravened, or to have been involved
in a contravention of, a provision of the Australian Consumer Law (WA) Chapter
2, 3 or 4.
[Section 108 amended: No. 26 of 2019 s. 8.]