Fair Trading Act 2010
Part 7Criminal and civil proceedings
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Part 7 — Criminal and civil proceedings
- Term used: person involved in a contravention of a provision of this Act 80
Division 2 — Criminal proceedings
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Time limit for commencing proceedings 80
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Who may institute criminal proceedings 80
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Court of summary jurisdiction to be constituted by magistrate 81
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Courts’ other powers in criminal proceedings 81
94A. Liability of officers for offence by body corporate 82
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Vicarious liability of employers, principals and other persons 84
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Defence: reasonable mistake of fact 85
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Defences: accident, act or default of another etc. 86
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Defence: publication of advertisements in ordinary course of business 87
Division 3 — Civil proceedings
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Injunctions to prevent or stop contraventions of Act 87
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Injunctions to prevent etc. other contraventions 88
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Injunctions, general provisions about 89
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Interim injunctions 89
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Final injunction may be granted if parties consent 90
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Injunction may be rescinded or varied 90
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Supreme and District Courts’ other powers in Part 7 proceedings 90
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Supreme and District Courts’ powers to prohibit payments, transfers of property etc. 93
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Contravening s. 106 order, offence 96
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Findings of fact or admissions in certain proceedings to be evidence in others 96
Division 4 — Further provisions relating to proceedings
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State of mind of person, meaning of in s. 110 and 111 97
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State of mind and conduct of body corporate, establishing 97
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State of mind and conduct of principal (not a body corporate), establishing 98