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Schedule 1—Admissions of fact

Schedule 1 Admissions of fact

   

Competition and Consumer Act 2010

1  Section 137H (heading)

Repeal the heading, substitute:

137H   Findings and admissions of fact in proceedings to be evidence

2  Subsections 137H(1) and (2)

Repeal the subsections, substitute:

             (1)  In:

                     (a)  an action against a person under subsection 236(1) of the Australian Consumer Law; or

                     (b)  proceedings for an order against a person under subsection 237(1) or 239(1) of the Australian Consumer Law;

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 to which subsection (3) of this section applies.

             (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.

3  Subsection 137H(3)

Omit “a finding of a fact by a court that is made in”.

4  Application

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