Section 46 — Fair Trading Act 1986: Finding in proceedings to be evidence

46 Finding in proceedings to be evidence In any application for an order against a person under section 43 of this Act, a finding of any fact made in proceedings for an injunction under section 41 of this Act or for an order under section 40A or section 42 of this Act, or for an offence under section 40 of this Act, being proceedings before the High Court or a District Court in which that person was found to have engaged in conduct of the kind referred to in section 43(1)(a) to (e) of this Act is prima facie evidence of that fact and the finding may be proved by production of a document under the seal of the Court or District Court, as the case may be, in which the finding was made. Compare: Trade Practices Act 1974 (Aust),

s 83 Section 46 was amended, as from 8 July 2003, by section 13 Fair Trading Amendment Act 2003 (2003 No 31) by inserting the words “ section 40A or ” after the words “ an order under ” . See section 16 of that Act as to proceedings already barred and pending proceedings.