Commonwealth Repealed Acts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This legislation has been repealed.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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