Document ID: chunk:federal_register_of_legislation:C2010A00136:clause:3_82
Version: federal_register_of_legislation:C2010A00136
Segment Type: clause
Provision Reference: sch 3 cl 82
Character Range: 37820–38755

82  Subsection 230‑380(1)
Repeal the subsection, substitute:

Commissioner may determine that requirement met
 (1) If (apart from this section) the requirements of sections 230‑355 to 230‑365 are not met in relation to a *hedging financial arrangement that you have, treat those requirements as having been so met if the Commissioner makes a determination under subsection (1A) in relation to the arrangement.
 (1A) The Commissioner may make the determination if the Commissioner considers that this is appropriate, having regard to:
 (a) the respects in which the arrangement does not meet those requirements; and
 (b) the extent to which it does not meet those requirements; and
 (c) the reasons why it does not meet those requirements; and
 (d) if the Commissioner is considering whether to impose conditions under subsection (2)—the likelihood that you will comply with those conditions; and
 (e) the objects of this Subdivision.