Document ID: chunk:federal_register_of_legislation:F2023C00203:clause:6_645a
Version: federal_register_of_legislation:F2023C00203
Segment Type: clause
Provision Reference: sch 6 cl 645A
Character Range: 122713–123499

645A  Offence relating to incurring of debts—temporary relief in response to the coronavirus
 (1) Subsection 645(1) does not apply in relation to a person and a debt incurred by a company if the debt is incurred:
 (a) in the ordinary course of the company's business; and
 (b) during the COVID‑19 period; and
 (c) before any appointment during that period of an administrator, or liquidator, of the company.
 (2) A person who wishes to rely on subsection (1) in proceedings against a person for an offence under subsection 645(1) bears an evidential burden in relation to that matter.
 (3) In this section:
evidential burden, in relation to a matter, means the burden of adducing or pointing to evidence that suggests a reasonable possibility that the matter exists or does not exist.