Document ID: chunk:federal_register_of_legislation:C2025C00185:section:852dt
Version: federal_register_of_legislation:C2025C00185
Segment Type: section
Provision Reference: s 852DT
Character Range: 3432394–3433467

852DT  Anti‑avoidance
 (1) If:
 (a) one or more persons enter into, begin to carry out or carry out a scheme; and
 (b) it would be concluded that the person, or any of the persons, who:
 (i) entered into; or
 (ii) began to carry out; or
 (iii) 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 Subdivision B in relation to any person or persons (whether or not mentioned in paragraph (a)); and
 (c) as a result of the scheme or a part of the scheme, a person (the controller) increases (including from a starting point of nil) the controller's voting power in a controlled Australian financial body;
ASIC may give the controller a written direction to cease having that voting power within a time specified in the direction.
 (2) A person who is subject to a written direction under subsection (1) must comply with the direction.
Note: Failure to comply with this subsection is an offence: see subsection 1311(1).

Division 2—Individuals who are not fit and proper are disqualified