National Consumer Credit Protection Act 2009
Application for declaration of contravention
166(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
166(2) [ Must make declaration if contravention]
The court must make the declaration if it is satisfied that the person has contravened the provision.
166(3) [ Content of declaration]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
166(4)
The declaration is conclusive evidence of the matters referred to in subsection (3).
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