Section 83 — Competition and Consumer Act 2010 (Cth)

(1) In a proceeding against a person under section 82 or in an application under subsection 51ADB(1), 53ZO(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 45AF or 45AG or subsection 56BN(1) or 56BZI(1); and

(b) in which that person has been found to have contravened, or to have been involved in a contravention of:

(i) a provision of Part IV, IVB, IVBA, IVBB or IVE; or

(ii) section 55B, 60C or 60K; or

(iia) a civil penalty provision of a gas market instrument; or

(iii) subsection 56BO(1) or 56BU(1), section 56BZA, 56BZB or 56BZC, subsection 56BZD(1), section 56BZJ or a civil penalty provision of the consumer data rules.

(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.

Related sections

• s 81A — Divestiture where merger done under authorisation granted on false etc. information
• s 81B — Divestiture etc. if acquisition determinations made on false etc. information or conditions not complied with
• s 82 — Actions for damages
• s 84 — Conduct by directors, employees or agents
• s 85 — Defences
• s 86 — Jurisdiction of courts

Research how courts apply s 83

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.