Commonwealth Repealed Acts

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This legislation has been repealed.

CORPORATIONS LAW- SECT 601JF

When can responsible entity indemnify compliance committee members?
(1)
A scheme's responsible entity or a related body corporate must not:

(a)
indemnify a person who is or has been a member of the scheme's compliance committee against a liability incurred by the person as a member; or
(b)
exempt the person from such a liability.
(2)
A provision of the scheme's constitution or a body corporate's constitution is void in so far as it provides for the responsible entity or a related body corporate to do something that subsection (1) prohibits.

(3)
Subsection (1) does not prevent a person from being indemnified against a liability to another person (other than the responsible entity or a related body corporate) unless the liability arises out of conduct involving a lack of good faith.

(4)
Subsection (1) does not prevent a person from being indemnified against a liability for costs and expenses incurred by them:

(a)
in defending proceedings, whether civil or criminal, in which judgment is given in favour of them or in which they are acquitted; or
(b)
in connection with an application, in relation to such proceedings, in which the Court grants relief to them under this Law.
(5)
In this section:

indemnify includes indemnify indirectly through one or more interposed entities.



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