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s 876P

Anti-avoidance provision

In force
Chapter 12Industrial organisations and associated entities
Part 15AAdministration of C&G division of CFMEUQ
Division 4Other provisions for operation of administration scheme

876P Anti-avoidance provision

(1)

A person must not, without a reasonable excuse, engage in conduct if, as a result of the conduct—

(a)

another person is prevented from taking action under the administration scheme; or

(b)

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.

(2)

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.

(3)

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).

(4)

This section applies despite section 571(1).

(5)

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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Section 876P — Anti-avoidance provision — Industrial Relations Act 2016 (Queensland) — Barrister AI