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Schedule 10—Admissions of fact

Schedule 10 Admissions of fact


Competition and Consumer Act 2010

1  Section 83

Repeal the section, substitute:

83   Findings and admissions of fact in proceedings to be evidence

             (1)  In a proceeding against a person under section 82 or in an application under subsection 51ADB(1) or 87(1A) for an order against a person, a finding of any fact made by a court, or an admission of any fact made by the person, is prima facie evidence of that fact if the finding or admission is made in proceedings:

                     (a)  that are proceedings:

                              (i)  under section 77, 80, 81, 86C, 86D or 86E; or

                             (ii)  for an offence against section 44ZZRF or 44ZZRG; and

                     (b)  in which that person has been found to have contravened, or to have been involved in a contravention of, a provision of Part IV or IVB, or of section 55B, 60C or 60K.

             (2)  The finding or admission may be proved by production of:

                     (a)  in any case—a document under the seal of the court from which the finding or admission appears; or

                     (b)  in the case of an admission—a document from which the admission appears that is filed in the court.

2  Application provision

The amendment made by this Schedule applies in relation to findings of fact, and admissions of fact, made on or after the commencement of this item.