Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 596AB

Entering into agreements or transactions to avoid employee entitlements

(1) A person must not enter into a relevant agreement or a transaction with the intention of, or with intentions that include the intention of:

(a)
preventing the recovery of the entitlements of employees of a company; or

(b)
significantly reducing the amount of the entitlements of employees of a company that can be recovered.

(2) Subsection (1) applies even if:

(a)
the company is not a party to the agreement or transaction; or

(b)
the agreement or transaction is approved by a court.

(3) A reference in this section to a relevant agreement or a transaction includes a reference to:

(a)
a relevant agreement and a transaction; and

(b)
a series or combination of:

(i)
relevant agreements or transactions; or
(ii)
relevant agreements; or
(iii)
transactions.

(4) If a person contravenes this section by incurring a debt (within the meaning of section 588G), the incurring of the debt and the contravention are linked for the purposes of this Act.



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