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Consumer Affairs and Fair Trading Act 1990
42Finding in proceedings to be evidence
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42 Finding in proceedings to be evidence
(1) In an action against a person under section 236(1) of the Australian
Consumer Law (NT), or in proceedings for an order against a
person under section 237(1) or 239(1) of the Australian Consumer
Law (NT):
(a) a finding of a fact by a court to which subsection (2) applies is
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) 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 (NT), or for an offence against a
provision of Chapter 4 of the Australian Consumer Law (NT), in
which the person has been found:
(a) to have contravened a provision of Chapter 2, 3 or 4 of the
(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.
Consumer Affairs and Fair Trading Act 1990 32