Document ID: chunk:federal_register_of_legislation:C2008C00460:clause:1_206
Version: federal_register_of_legislation:C2008C00460
Segment Type: clause
Provision Reference: sch 1 cl 206
Character Range: 85880–86447

206  Subsection 205B(6)
Repeal the subsection, substitute:

 (6) Subsection (5) does not apply if:
 (a) the person was an alternate director who stopped being a director in accordance with the terms of their appointment as an alternate director; or
 (b) the person gives ASIC a written notice of the person's retirement or resignation as a director, alternate director or secretary of the company in accordance with section 205A.

Note: A defendant bears an evidential burden in relation to the matter in subsection (6), see subsection 13.3(3) of the Criminal Code.