Document ID: chunk:federal_register_of_legislation:C2022A00028:clause:1_52zmaa:p2
Version: federal_register_of_legislation:C2022A00028
Segment Type: clause
Provision Reference: sch 1 cl 52ZMAA (pt 2/2)
Character Range: 10170–11852

in fraud, or made a misrepresentation, in relation to the person's participation in the pension loans scheme, including in relation to the person's real assets or the specified real property.
 (4) The Commission may, by legislative instrument, make guidelines to be complied with in making a decision for the purposes of subsection (3).

Meaning of adjusted value
 (5) The adjusted value:
 (a) for real assets—means the amount worked out by:
 (i) working out the market value of the assets in accordance with an instrument made under subsection (6); and
 (ii) adjusting that value in accordance with the instrument; and
 (b) for real property—means the amount worked out by:
 (i) working out the market value of the property in accordance with an instrument made under subsection (6); and
 (ii) adjusting that value in accordance with the instrument.
 (6) The Commission must, by legislative instrument, determine:
 (a) one or more methods for working out the market value of real assets for the purposes of subparagraph (5)(a)(i); and
 (b) adjustments to be made to the market value of real assets for the purposes of subparagraph (5)(a)(ii); and
 (c) one or more methods for working out the market value of real property for the purposes of subparagraph (5)(b)(i); and
 (d) adjustments to be made to the market value of real property for the purposes of subparagraph (5)(b)(ii).
 (7) Without limiting subsection (6), the determination may:
 (a) specify that adjustments are to be made in relation to specified kinds of charges or encumbrances over real assets or real property; and
 (b) determine different methods to be used and adjustments to be made in different circumstances.