Queensland Consolidated Acts

FAIR TRADING ACT 1989 - SECT 112

112 Evidence

(1) In any proceedings under this Act—

(a) where—

(i) a published statement is intended, or apparently intended, to promote the supply or use of any goods or services; and

(ii) a name, business name, address, telephone number, post office box number, facsimile number, telex number, or newspaper office reply number specified in the statement is that of a person, or the agent of a person, who—

(A) is the owner, whether alone or jointly with another person or other persons, of such goods; or

(B) is a supplier of such goods or services; or

(C) has an interest, otherwise than as owner, in such goods; or

(D) has an interest, otherwise than as supplier, in the supply of such services;

it shall be presumed, unless the contrary is proved, that the person or agent, as the case may be, caused the statement to be published; and

(b) in which it is alleged that a person in contravention of the Australian Consumer Law (Queensland), section 29 or 151 falsely represented that a vehicle as at a particular time had not travelled more than a specified distance—

(i) the distance shown on the odometer of the vehicle at any time shall be taken, unless the contrary is proved, to be a representation to all persons that the vehicle had not travelled more than the distance so shown; and

(ii) evidence that, at any time before the representation was made, the distance shown on the odometer of the vehicle was greater than the distance specified in the representation shall be evidence and, unless the contrary is proved, conclusive evidence that the representation was false; and

(c) in relation to an offence against section 90 in respect of a failure to furnish information or to produce records or a copy of them, an allegation or averment in a charge that a person failed as required to furnish information, or produce records or a copy of them shall be evidence and, unless the contrary is proved, conclusive evidence of the matter so alleged or averred; and

(d) it shall not be necessary to prove the appointment of an inspector or other officer or the authority of the inspector or officer to do any act, make any requirement or give any order; and

(e) the authority of any person to take any proceeding shall be presumed unless the contrary is proved; and

(f) a printed document that purports—

(i) to be a standard, rule, code or specification of an association or body referred to in, or prescribed under, the regulations; and

(ii) to have been published or issued by or on behalf of that association or body;

is evidence of that standard, rule, code or specification.

(2) In a proceeding against a person under the Australian Consumer Law (Queensland), section 236 , in a proceeding in which the court may make an order under the Australian Consumer Law (Queensland), section 238 or in an application under the Australian Consumer Law (Queensland), section 237 or 239 for an order against a person, a finding of any fact by a court made in proceedings under the Australian Consumer Law (Queensland), chapter 5 , part 5 -2, division 2 or for an offence against this Act in which that person has been found to have contravened, or to have been involved in a contravention of, a provision of this Act is evidence of that fact and the finding may be proved by production of a document under the seal of the court from which the finding appears.

(3) In a proceeding to recover costs under section 103A , a document that purports to be—

(a) a certificate mentioned in section 103A (5) ; and

(b) endorsed with the commissioner’s signed statement that the certificate was given to a person on a specified date;

is evidence of the matters stated in the certificate and the endorsement.

(4) In subsection (1) (f) (i) —

"regulations" includes regulations under section 139G of the Competition and Consumer Act .