Document ID: chunk:federal_register_of_legislation:C2004A03231:body:0:p44
Version: federal_register_of_legislation:C2004A03231
Segment Type: other
Provision Reference: 
Character Range: 109668–112292

relevant corporation, in respect of—
             (i) the payment of the pension, or the making of the lump sum payment, as the case may be; or
             (ii) the making of the contribution,
    shall be disregarded.
    "(2c) For the purposes of sub-paragraph (2a) (b) (i), where at a particular time, or throughout a particular period—
         (a) a person was a bona fide full-time employee of a company; or
         (b) a person was a bona fide full-time employee of a corporation and the corporation was related to a company,
    the person shall be taken to have been at that time, or throughout that period, as the case may be, an eligible employee in relation to the company.
    "(2d) Paragraph (1) (a) or (b) does not apply in relation to the giving of a prescribed benefit by a person to another person if failure by the first-mentioned person to give the prescribed benefit to the other person would constitute, otherwise than by reason of breach of contract or breach of trust, a contravention of a law in force in the Territory or elsewhere.
    "(2e) Where the giving of a prescribed benefit by a person to another person is unlawful by virtue of sub-section (1), the receipt of the prescribed benefit by the other person is also unlawful.
    "(3) A person (other than a superannuation fund) who does an act that is unlawful by virtue of sub-section (1) or (2e) is guilty of an offence.
    "(3a) Where a superannuation fund does an act that is unlawful by virtue of sub-section (1) or (2e), a person who is in any way, by act or omission, directly or indirectly, knowingly concerned in, or party to, the doing of the act is guilty of an offence.
    "(4) Where the giving of a prescribed benefit to a person is unlawful by virtue of sub-section (1), then—
         (a) in a case where the prescribed benefit is a payment—the amount of the payment; or
         (b) in any other case—the money value of the prescribed benefit,
    shall be deemed to be received by the person in trust for the company concerned.
    "(5) This section is in addition to, and not in derogation of, any other law that requires disclosure to be made with respect to the giving or receipt of a prescribed benefit.";

     (b) by omitting paragraph (6) (c) and substituting the following paragraphs:
         "(c) a reference to the giving of a prescribed benefit by a person includes a reference to the giving of a prescribed benefit that the person is obliged under a contract to give;
         (ca) a reference to the giving of a prescribed benefit, or to a pension or lump sum payment paid or payable, in connection with the