(1) For the purposes
of this Act, a person carries out a sham transaction if —
(a) the
person carries out a transaction within the meaning of subsection (2); and
(b) the
transaction was carried out for the purpose of directly or indirectly
defeating, avoiding, preventing or impeding the operation of this Act in any
respect.
(2) For the purposes
of subsection (1), the person carries out a transaction if the person carries
out, makes, gives or designs —
(a) any
agreement, arrangement, understanding, promise or undertaking, whether express
or implied and whether or not enforceable, or intended to be enforceable, by
legal proceedings; or
(b) any
scheme, plan, proposal, action, course of action, or course of conduct.