Document ID: chunk:federal_register_of_legislation:C2023A00075:clause:1_1023s:p1
Version: federal_register_of_legislation:C2023A00075
Segment Type: clause
Provision Reference: sch 1 cl 1023S (pt 1/2)
Character Range: 10102–12808

1023S  Avoidance schemes—prohibition

General prohibition
 (1) A person must not, either alone or with others, engage in any of the following conduct:
 (a) enter into a scheme;
 (b) begin to carry out a scheme;
 (c) carry out a scheme;
if, having regard to any matters as required under subsection (8), it would be reasonable to conclude that the purpose, or one of the purposes, of the person engaging in that conduct was to avoid the application of a credit product intervention order.
Note: This subsection is a civil penalty provision (see section 1317E). For relief from liability to a civil penalty relating to this subsection, see section 1317S.

Constitutional corporations
 (2) A constitutional corporation must not, either alone or with others, engage in any of the following conduct:
 (a) enter into a scheme;
 (b) begin to carry out a scheme;
 (c) carry out a scheme;
if, having regard to any matters as required under subsection (8), it would be reasonable to conclude that the purpose, or one of the purposes, of the constitutional corporation engaging in that conduct was to avoid the application of a credit product intervention order.
Note: This subsection is a civil penalty provision (see section 1317E). For relief from liability to a civil penalty relating to this subsection, see section 1317S.

Constitutional trade and commerce
 (3) A person must not in the course of constitutional trade and commerce, either alone or with others, engage in any of the following conduct:
 (a) enter into a scheme;
 (b) begin to carry out a scheme;
 (c) carry out a scheme;
if, having regard to any matters as required under subsection (8), it would be reasonable to conclude that the purpose, or one of the purposes, of the person engaging in that conduct was to avoid the application of a credit product intervention order.
Note: This subsection is a civil penalty provision (see section 1317E). For relief from liability to a civil penalty relating to this subsection, see section 1317S.

Use of communications service
 (4) A person must not use postal, telegraphic, telephonic or other like services (within the meaning of paragraph 51(v) of the Constitution), either alone or with others, in order to engage in any of the following conduct:
 (a) enter into a scheme;
 (b) begin to carry out a scheme;
 (c) carry out a scheme;
if, having regard to any matters as required under subsection (8), it would be reasonable to conclude that the purpose, or one of the purposes, of the person engaging in that conduct was to avoid the application of a credit product intervention order.
Note: This subsection is a civil penalty provision (see section 1317E). For relief from liability to a civil penalty