Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:1_209
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 1 cl 209
Character Range: 91312–92164

209  Consequences of breach

 (1) If the public company or entity contravenes section 208:
 (a) the contravention does not affect the validity of any contract or transaction connected with the giving of the benefit; and
 (b) the public company or entity is not guilty of an offence.

Note: A Court may order an injunction to stop the company or entity giving the benefit to the related party (see section 1324).

 (2) A person contravenes this subsection if they are involved in a contravention of section 208 by a public company or entity.

Note 1: This subsection is a civil penalty provision.

Note 2: Section 79 defines involved.

 (3) A person commits an offence if they are involved in a contravention of section 208 by a public company or entity and the involvement is dishonest.

Division 2—Exceptions to the requirement for member approval