Document ID: chunk:federal_register_of_legislation:C2021C00472:section:131:p2
Version: federal_register_of_legislation:C2021C00472
Segment Type: section
Provision Reference: s 131 (pt 2/2)
Character Range: 150867–152640

known that the communication was made, or the document was prepared, in furtherance of a deliberate abuse of a power.
 (3) For the purposes of paragraph (2)(j), if commission of the fraud, offence or act is a fact in issue and there are reasonable grounds for finding that:
 (a) the fraud, offence or act was committed; and
 (b) a communication was made or a document was prepared in furtherance of the commission of the fraud, offence or act;
the court may find that the communication was so made or the document so prepared.
 (4) For the purposes of paragraph (2)(k), if:
 (a) the abuse of power is a fact in issue; and
 (b) there are reasonable grounds for finding that a communication was made or a document was prepared in furtherance of the abuse of power;
the court may find that the communication was so made or the document was so prepared.
 (5) In this section:
 (a) a reference to a dispute is a reference to a dispute of a kind in respect of which relief may be given in an Australian or overseas proceeding; and
 (b) a reference to an attempt to negotiate the settlement of a dispute does not include a reference to an attempt to negotiate the settlement of a criminal proceeding or an anticipated criminal proceeding; and
 (c) a reference to a communication made by a person in dispute includes a reference to a communication made by an employee or agent of such a person; and
 (d) a reference to the consent of a person in dispute includes a reference to the consent of an employee or agent of such a person, being an employee or agent who is authorised so to consent; and
 (e) a reference to commission of an act includes a reference to a failure to act.
 (6) In this section:
power means a power conferred by or under an Australian law.

Division 4—General