Document ID: chunk:federal_register_of_legislation:C2025C00185:section:601jf
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 601JF
Character Range: 2311717–2313023

601JF  When can responsible entity indemnify compliance committee members?
 (1) A scheme's responsible entity or a related body corporate must not:
 (a) indemnify a person who is or has been a member of the scheme's compliance committee against a liability incurred by the person as a member; or
 (b) exempt the person from such a liability.
 (2) A provision of the scheme's constitution or a body corporate's constitution is void in so far as it provides for the responsible entity or a related body corporate to do something that subsection (1) prohibits.
 (3) Subsection (1) does not prevent a person from being indemnified against a liability to another person (other than the responsible entity or a related body corporate) unless the liability arises out of conduct involving a lack of good faith.
 (4) Subsection (1) does not prevent a person from being indemnified against a liability for costs and expenses incurred by them:
 (a) in defending proceedings, whether civil or criminal, in which judgment is given in favour of them or in which they are acquitted; or
 (b) in connection with an application, in relation to such proceedings, in which the Court grants relief to them under this Act.
 (5) In this section:
indemnify includes indemnify indirectly through one or more interposed entities.