Document ID: chunk:federal_register_of_legislation:C2012C00868:clause:2_137h
Version: federal_register_of_legislation:C2012C00868
Segment Type: clause
Provision Reference: sch 2 cl 137H
Character Range: 502094–503753

137H  Finding in proceedings to be evidence

 (1) In an action against a person under subsection 236(1) of the Australian Consumer Law:
 (a) a finding of a fact by a court to which subsection (3) of this section applies is prima facie 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) In proceedings for an order against a person under subsection 237(1) or 239(1) of the Australian Consumer Law:
 (a) a finding of a fact by a court to which subsection (3) of this section applies is prima facie 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.

 (3) This subsection applies to a finding of a fact by a court that is made in proceedings under section 228, 232, 246, 247 or 248 of the Australian Consumer Law, or for an offence against a provision of Chapter 4 of the Australian Consumer Law, in which the person has been found:
 (a) to have contravened a provision of Chapter 2, 3 or 4 of the Australian Consumer Law; 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.

Division 8—Jurisdictional matters