Commonwealth Consolidated Acts

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COMPETITION AND CONSUMER ACT 2010 - SECT 77A

Indemnification of officers

  (1)   A body corporate (the first body ), or a body corporate related to the first body, must not indemnify a person (whether by agreement or by making a payment and whether directly or through an interposed entity) against any of the following liabilities incurred as an officer of the first body:

  (a)   a civil liability;

  (b)   legal costs incurred in defending or resisting proceedings in which the person is found to have such a liability.

Penalty:   25 penalty units.

  (2)   For the purposes of subsection   (1), the outcome of proceedings is the outcome of the proceedings and any appeal in relation to the proceedings.

Definitions

  (3)   In this section:

"civil liability" means a liability to pay a pecuniary penalty under section   76 for a contravention of a provision of Part   IV or Part   V.

"officer" has the same meaning as in the Corporations Act 2001 .


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