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CORPORATIONS ACT 2001 - SECT 852DT

Anti - avoidance

  (1)   If:

  (a)   one or more persons enter into, begin to carry out or carry out a scheme; and

  (b)   it would be concluded that the person, or any of the persons, who:

  (i)   entered into; or

  (ii)   began to carry out; or

  (iii)   carried out;

    the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the application of any provision of Subdivision B in relation to any person or persons (whether or not mentioned in paragraph   (a)); and

  (c)   as a result of the scheme or a part of the scheme, a person (the controller ) increases (including from a starting point of nil) the controller's voting power in a controlled Australian financial body;

ASIC may give the controller a written direction to cease having that voting power within a time specified in the direction.

  (2)   A person who is subject to a written direction under subsection   (1) must comply with the direction.

Note:   Failure to comply with this subsection is an offence: see subsection   1311(1).



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