Document ID: chunk:federal_register_of_legislation:C2021C00358:clause:2_15
Version: federal_register_of_legislation:C2021C00358
Segment Type: clause
Provision Reference: sch 2 cl 15
Character Range: 239116–241296

15                 if no previous item applies—an action specified in regulations                                                                              regulations made for the purposes of section 44 (significant action)                    the greater of the following:
                                                                                                                                                               regulations made for the purposes of section 48 (notifiable action)                     (a) the value of the consideration for the action;
                                                                                                                                                                                                                                                       (b) the market value of the benefit obtained by the action.

 (4) In applying the table in subsection (3), disregard the effect of any exemption certificate.
 (5) If the action to which the contravention relates is covered by more than one item of the table in subsection (3), treat the value of the action worked out according to that table as being the greatest of the amounts worked out under those items.
 (6) The requirement in this subsection is met in relation to the alleged contravention if:
 (a) where the civil penalty provision is subsection 95(1)—the total of the market values of the interests referred to in that subsection falls short of $5,000,000; or
 (b) where the civil penalty provision is subsection 95(4)—the greater of:
 (i) the value of the consideration for the acquisition referred to in that subsection; and
 (ii) the market value of the interest referred to in that subsection;
  falls short of $5,000,000.
 (7) The amounts mentioned in paragraphs (1)(a), (b) and (c) and (6)(a) and (b) may be indexed in accordance with regulations made for the purposes of subsection 139(2).
 (8) For the purposes of this section:
 (a) if there is no consideration for a thing—treat the value of the consideration for the thing as nil; and
 (b) if the market value of a thing cannot be ascertained—treat the market value of the thing as nil.