Document ID: chunk:federal_register_of_legislation:C2025C00185:section:596ab:p2
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 596AB (pt 2/2)
Character Range: 2109930–2111581

a court; or
 (b) the relevant agreement or the transaction has not had the effect or effects mentioned in paragraph (1)(a) or (b), (1A)(b), (1B)(c) or (1C)(c), as the case may be; or
 (c) despite the relevant agreement or the transaction, the entitlements of the employees of the company are recovered.
 (2B) However, subsections (1), (1A), (1B) and (1C) do not apply if the relevant agreement or the transaction is, or is entered into under:
 (a) a compromise or arrangement between the company and its creditors or a class of its creditors, or its members or a class of its members, that is approved by a Court under section 411; or
 (b) a deed of company arrangement executed by the company; or
 (c) a restructuring plan made by the company.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).
 (2C) Subsections (1A) and (1C) do not apply if a liquidator or provisional liquidator of the company causes the relevant agreement or the transaction to be entered into in the course of winding up the company.
Note: A defendant bears an evidential burden in relation to the matters in this subsection (see subsection 13.3(3) of the Criminal Code).

Definitions
 (3) A reference in this section to a relevant agreement or a transaction includes a reference to:
 (a) a relevant agreement and a transaction; and
 (b) a series or combination of:
 (i) relevant agreements or transactions; or
 (ii) relevant agreements; or
 (iii) transactions.
Note: A relevant agreement is an agreement, arrangement or understanding (see the definition of relevant agreement in section 9).