Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A corporation must not, either alone or together with one or more other persons:
(a) enter into a scheme; or
(b) begin to carry out a scheme; or
(c) carry out a scheme;
for the sole or dominant purpose of avoiding the application of any provision of this Part in relation to:
(d) the corporation; or
(e) any other corporation.
Ancillary contraventions
(2) A person must not:
(a) aid, abet, counsel or procure a contravention of subsection (1); or
(b) induce, whether by threats or promises or otherwise, a contravention of subsection (1); or
(c) be in any way, directly or indirectly, knowingly concerned in, or party to, a contravention of subsection (1); or
(d) conspire with others to effect a contravention of subsection (1).
Civil penalty provisions
(3) Subsections (1) and (2) are civil penalty provisions .
Note: Part 31 provides for pecuniary penalties for breaches of civil penalty provisions.
Scheme
(4) For the purposes of this section, scheme means:
(a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied; or
(b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise;
but does not include a functional separation undertaking.