Corporations Act 2001
For the purposes of this Division, in determining whether a benefit is given:
(a) give a broad interpretation to benefits being given, even if criminal or civil penalties may be involved; and
(b) the economic and commercial substance of conduct is to prevail over its legal form.
[ CCH Note: Act No 115 of 2009, s 3, Sch 1, Pt 3 [ 43] (effective 24 November 2009) contained the following application provision:
]Part 3 - Application
43 Application
(1)
The amendments made by Part 1 apply in relation to a retirement from an office, or position of employment, held under:
(a) an agreement entered into; or
(b) an agreement renewed or extended; or
(c) an agreement, for which a variation of a condition of the agreement happens;on or after the commencement of that Part.
(2)
If the amendments made by Part 1 apply in relation to a person ' s retirement from an office or position in a company, the person ' s relevant period for the purposes of section 200F or 200G of the Corporations Act 2001 applies to managerial or executive offices held by the person:
(a) in the company or related bodies corporate; and
(b) before, on or after the commencement of that Part.
(3)
Despite the amendment made by Part 2 (the Part 2 amendment ), paragraph 200F(1)(a) of the Corporations Act 2001 (as amended by Part 1 of this Schedule) continues to apply, in relation to agreements entered into before 1 January 1991, as if the Part 2 amendment had not been made.
This information is provided by CCH Australia Limited Link opens in new window. View the disclaimer and notice of copyright.
View history note
Hide history note