Commonwealth Consolidated Acts Commonwealth Consolidated Acts(1) A person must not promote a scheme that has resulted, or is likely to result, in a payment being made from a regulated superannuation fund otherwise than in accordance with payment standards prescribed under subsection 31(1).
(2) Subsection (1) is a civil penalty provision as defined by section 193, and Part 21 therefore provides for civil and criminal consequences of contravening, or being involved in a contravention of, that subsection.
(3) In this section:
"promote" , in relation to a scheme, includes the following:
(a) enter into the scheme;
(b) induce another person to enter into the scheme;
(c) carry out the scheme;
(d) commence to carry out the scheme;
(e) facilitate entry into, or the carrying out of, the scheme.
"scheme" means:
(a) any agreement, arrangement, understanding, promise or undertaking:
(i) whether express or implied; or
(ii) whether or not enforceable, or intended to be enforceable, by legal proceedings; or
(b) any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.