Corporations Amendment (Improving Accountability on Termination Payments) Act 2009 (115 of 2009)
Schedule 1 Amendments
Part 1 Main amendments
Corporations Act 2001
12 Subsection 200B(1)
Repeal the subsection, substitute:
Benefits in connection with retirement if person has held a managerial or executive office
(1) An entity mentioned in subsection (1AA) must not give a person a benefit in connection with a persons (the retirees ) retirement from an office, or position of employment, in a company or a related body corporate if:
(a) the office or position is a managerial or executive office; or
(b) the retiree has, at any time during the last 3 years before his or her retirement, held a managerial or executive office in the company or a related body corporate;
unless there is member approval under section 200E for the giving of the benefit.
Note 1: This subsection extends to benefits given by way of compensation for, or otherwise in connection with, a persons loss of an office or position (see subsections 200A(1) and (3)).
Note 2: Sections 200F, 200G and 200H provide for exceptions to this subsection.
Note 3: The recipient of the benefit need not be the retiree.
(1AA) The entities are as follows:
(a) the company;
(b) an associate of the company (other than a body corporate that is related to the company and is itself a company);
(c) a prescribed superannuation fund in relation to the company.