Document ID: chunk:federal_register_of_legislation:C2024C00828:section:566za
Version: federal_register_of_legislation:C2024C00828
Segment Type: section
Provision Reference: s 566ZA
Character Range: 1416340–1417668

566ZA  Anti‑avoidance
 (1) A person contravenes this subsection if:
 (a) the person, either alone or with one or more other persons:
 (i) enters into a scheme; or
 (ii) begins to carry out a scheme; or
 (iii) carries out a scheme; and
 (b) the person does so for the sole or dominant purpose of avoiding the application of Part 5A.3 in relation to any person or persons (whether or not those persons are the same persons mentioned in paragraph (a)); and
 (c) as a result of that scheme or part of that scheme, a person avoided the application of Part 5A.3.
Note:  Contravention of this subsection is also a ground for cancellation of title (see paragraphs 274(e) and 446(da) of the Act).

Fault‑based offence
 (2) A person commits an offence if the person contravenes subsection (1).
Penalty: 1,200 penalty units.

Civil penalty provision
 (3) A person is liable to a civil penalty if the person contravenes subsection (1).
Civil penalty: 2,400 penalty units.
 (4) In this section:
scheme means:
 (a) any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and
 (b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.

Part 5A.6—Other provisions