Corporations Act 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

Note: This Chapter applies to a CCIV in a modified form: see Division 4 of Part 8B.7 .

PART 7.9A - PRODUCT INTERVENTION ORDERS  

SECTION 1023T   AVOIDANCE SCHEMES - PRESUMPTION OF AVOIDANCE FOR CERTAIN SCHEMES IN CIVIL CASES  

1023T(1)    
For the purposes of subsection 1023S(1) , (2) , (3) or (4) , it is reasonable to conclude, unless the contrary is proved, that a person entered into or carried out a scheme for the purpose of avoiding a credit product intervention order (within the meaning of subsection 1023S(11) ) 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) .

1023T(2)    
In proving the contrary for the purposes of subsection (1) , regard must be had to any matters as required under subsection 1023S(8) .

1023T(3)    
ASIC may, by legislative instrument, determine a scheme, or a class of schemes, for the purposes of paragraph (1)(b) .

1023T(4)    
This section does not have effect for the purposes of determining whether a person has committed an offence against subsection 1023S(10) .