Promotion of illegal early release schemes
68B Promotion of illegal early release schemes
A person must not promote a scheme that has resulted, or is likely to result, in a payment being made from a regulated superannuation fund otherwise than in accordance with payment standards prescribed under subsection 31(1).
Subsection (1) is a civil penalty provision as defined by section 193, and Part 21 therefore provides for civil and criminal consequences of contravening, or being involved in a contravention of, that subsection.
In this section:
promote, in relation to a scheme, includes the following:
enter into the scheme;
induce another person to enter into the scheme;
carry out the scheme;
commence to carry out the scheme;
facilitate entry into, or the carrying out of, the scheme.
scheme means:
any agreement, arrangement, understanding, promise or undertaking:
whether express or implied; or
whether or not enforceable, or intended to be enforceable, by legal proceedings; or
any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.
This Act’s bill:Second reading speech
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