National Consumer Credit Protection Act 2009

CHAPTER 7 - MISCELLANEOUS  

PART 7-1 - MISCELLANEOUS  

Division 1A - Avoidance schemes  

SECTION 323C   PRESUMPTION OF AVOIDANCE FOR CERTAIN SCHEMES IN CIVIL CASES  

323C(1)    
For the purposes of subsection 323A(1) , (3) , (4) or (5) , it is reasonable to conclude that a person entered into or carried out a scheme for an avoidance purpose if:

(a)    the scheme is of a kind prescribed by the regulations; or

(b)    the scheme is of a kind determined by ASIC under subsection (3) .

323C(2)    
A conclusion that this section provides for has effect except so far as the contrary is proved by the person, having regard to any matters as required under subsection 323B(1) or (3) .

323C(3)    
ASIC may, by legislative instrument, determine a scheme, or a class of schemes, for the purposes of this section.

323C(4)    
This section does not have effect for the purposes of subsection 323A(7) .