Document ID: chunk:federal_register_of_legislation:C2009A00115:clause:1_40
Version: federal_register_of_legislation:C2009A00115
Segment Type: clause
Provision Reference: sch 1 cl 40
Character Range: 16964–17645

40  Subsection 200J(1)
Repeal the subsection, substitute:
 (1) If an entity (the giver) contravenes section 200B by giving a benefit to a person (the recipient), then the amount of the benefit, or the money value of the benefit if it is not a payment:
 (a) is taken to be received by the recipient on trust for the giver; and
 (b) must be immediately repaid by the recipient to the giver.
 (1A) An amount repayable under subsection (1) to the giver:
 (a) is a debt due to the giver; and
 (b) may be recovered by the giver in a court of competent jurisdiction.
Note: The heading to section 200J is altered by omitting "in trust for company" and substituting "on trust and repaid".