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Financial Markets Conduct Act 2013

Enforcement, liability, and appeals - Civil liability - Declarations of contravention and pecuniary penalty orders

487: Purpose and effect of declarations of contravention

You could also call this:

"What a declaration of contravention means and how it helps you get compensation."

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When you apply for a compensatory order, a declaration of contravention helps you. It means you do not have to prove someone did something wrong. You can rely on the declaration in your application, as per section 497. A declaration of contravention is strong evidence of what it says. It is based on what must be stated in it under section 488. This evidence is conclusive, which means it is final and cannot be disputed.

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Part 8Enforcement, liability, and appeals
Civil liability: Declarations of contravention and pecuniary penalty orders

487Purpose and effect of declarations of contravention

  1. The purpose of a declaration of contravention is to enable an applicant for a compensatory order or other civil liability order under section 497 to rely on the declaration of contravention in the proceedings for that order, and not be required to prove the contravention or involvement in the contravention.

  2. Accordingly, a declaration of contravention is conclusive evidence of the matters that must be stated in it under section 488.

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