Anti-avoidance provision
876P Anti-avoidance provision
A person must not, without a reasonable excuse, engage in conduct if, as a result of the conduct—
another person is prevented from taking action under the administration scheme; or
the administrator is prevented from effectively administering the administration scheme.
Maximum penalty—6,000 penalty units or 2 years imprisonment.
Notes—
1 This subsection is a civil penalty provision.
2 See also section 571 in relation to persons involved in a contravention of a civil penalty provision.
3 See also the Criminal Code, section 7 and section 937 of this Act in relation to parties to an offence against this subsection.
A criminal proceeding may be started against a person for a contravention of subsection (1) regardless of whether a civil penalty has been imposed on the person for the contravention.
However, a civil penalty must not be imposed on a person on the grounds of a contravention of subsection (1) if the person has been convicted of an offence against subsection (1).
This section applies despite section 571(1).
In this section—
conduct includes a course of conduct.
convicted means found guilty, or having a plea of guilty accepted, by a court whether or not a conviction is recorded.
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