Document ID: chunk:federal_register_of_legislation:C2023C00427:clause:2_31
Version: federal_register_of_legislation:C2023C00427
Segment Type: clause
Provision Reference: sch 2 cl 31
Character Range: 47248–48401

31  Anti‑avoidance
(1) If:
 (a) one or more persons enter into, begin to carry out or carry out a scheme; and
 (b) it would be concluded that the person, or any of the persons, who entered into, began to carry out or carried out the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the application of any provision of this Division in relation to any person or persons (whether or not mentioned in paragraph (a)); and
 (c) as a result of the scheme or a part of the scheme, a person (the stakeholder) increases the stakeholder's stake in a Medibank Private company;
the Minister for Finance may give the stakeholder a written direction to cease holding that stake within a specified time.
(2) A person must comply with a direction under subitem (1).
(3) A contravention of subitem (2) is not an offence. However, it is a ground for obtaining an injunction under Part 7.
(4) Applications may be made to the Administrative Appeals Tribunal for review of decisions made by the Minister for Finance under subitem (1).
(5) In subitem (4):
decision has the same meaning as in the Administrative Appeals Tribunal Act 1975.