Document ID: chunk:federal_register_of_legislation:C2024C00492:section:2:p27
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 2 (pt 27/45)
Character Range: 719644–722188

civil proceedings under this Act are to be stayed merely because the proceeding discloses, or arises out of, the commission of an offence.

581‑10  Standard of proof
  If, in proceedings other than proceedings for an offence, it is necessary to establish, or for the Court to be satisfied, for any purpose relating to a matter arising under this Act, that:
 (a) a person has contravened a provision of this Act; or
 (b) default has been made in complying with a provision of this Act; or
 (c) an act or omission was unlawful because a provision of this Act; or
 (d) a person has been in any way, by act or omission, directly or indirectly, knowingly concerned in or party to a contravention, or a default in complying with, a provision of this Act;
it is sufficient if the matter referred to in paragraph (a), (b), (c) or (d) is established, or the Court is so satisfied, as the case may be, on the balance of probabilities.

581‑15  Evidence of contravention
  For the purposes of this Act, a certificate that:
 (a) purports to be signed by the Registrar of an Australian court or other proper officer of an Australian court; and
 (b) states:
 (i) that a person was convicted by that court on a specified day of a specified offence; or
 (ii) that a person charged before that court with a specified offence was, on a specified day, found in that court to have committed the offence but that the court did not proceed to convict the person of the offence;
is, unless it is proved that the conviction was quashed or set aside, or that the finding was set aside or reversed, as the case may be, conclusive evidence:
 (c) if subparagraph (b)(i) applies—that the person was convicted of the offence on that day; and
 (d) if the offence was constituted by a contravention of a provision of a law—that the person contravened that provision.

581‑20  Costs
 (1) If an Aboriginal and Torres Strait Islander corporation is plaintiff in any action or other legal proceeding, the court having jurisdiction in the matter may, if it appears by credible testimony that there is reason to believe that the corporation will be unable to pay the costs of the defendant if successful in his, her or its defence, require sufficient security to be given for those costs and stay all proceedings until the security is given.
 (2) The costs of any proceeding before a court under this Act are to be borne by such party to the proceeding as the court, in its discretion, directs.

581‑25  Vesting of property
 (1) If an order is made by a court under this Act vesting