Commonwealth Consolidated Acts

NATIONAL CONSUMER CREDIT PROTECTION ACT 2009 - SECT 166

Application for declaration of contravention

  (1)   Within 6 years of a person contravening a civil penalty provision, ASIC may apply to the court for a declaration that the person contravened the provision.

Declaration of contravention

  (2)   The court must make the declaration if it is satisfied that the person has contravened the provision.

  (3)   The declaration must specify the following:

  (a)   the court that made the declaration;

  (b)   the civil penalty provision that was contravened;

  (c)   the person who contravened the provision;

  (d)   the conduct that constituted the contravention.

Declaration of contravention conclusive evidence

  (4)   The declaration is conclusive evidence of the matters referred to in subsection   (3).