Document ID: chunk:federal_register_of_legislation:C2004A03762:body:0:p18
Version: federal_register_of_legislation:C2004A03762
Segment Type: other
Provision Reference: 
Character Range: 42626–45281

matter or thing without which the statement is misleading in a material particular; or
     (c) give a document to the Treasurer or to an officer of the Department that contains information that is false or misleading in a material particular.
Penalty:
     (d) in the case of a natural person—$10,000 or imprisonment for 12 months, or both; or
     (e) in the case of a corporation—$50,000.".

30. After section 38 of the Principal Act the following section is inserted:

Anti-avoidance
"38a. (1) 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.
"(2) Where:
     (a) a person or persons enter into, commence to carry out or carry out a scheme (other than a scheme entered into before the commencement of this section);

     (b) it would be concluded that the person, or any of the persons, who entered into, commenced to carry out or carried out the scheme or any part of the scheme did so for the sole or dominant purpose of avoiding the application of any provision of this Act in relation to any person or persons (whether or not a person or persons who entered into, commenced to carry out or carried out the scheme or any part of the scheme); and
     (c) the scheme or the part of the scheme has achieved, or apart from this section, would achieve, that purpose;
the Treasurer may make any order under this Act that the Treasurer would have been able to make if the scheme or the part of the scheme had not achieved that purpose.
"(3) Subsection (2) does not authorise the making of an order prohibiting a person from doing any thing that has already been done by the person before the order is made.".

Consequential amendment of other Acts
31. The Acts specified in the Schedule are amended as set out in the Schedule.

Application
32. (1) Subject to subsection (2), the amendments made by this Act do not apply in relation to acquisitions of any thing occurring before the commencement of this Act.
(2) In addition to its application apart from this subsection, subsection 21a (4) of the amended Act applies in relation to acquisitions, after 30 October 1987 and before the commencement of this Act, of what would be interests in Australian urban land by foreign persons if:
     (a) section 5a of the amended Act were omitted; and
     (b) paragraph 12a (1) (c) of the amended Act did not apply to interests as licensee.
(3) In this section, "amended