62ZOrder requiring surrender of certificates

62Z Order requiring surrender of certificates

62Z Order requiring surrender of certificates

(1) This clause applies if an order is made or proposed to be made under the Act, Schedule 4A, clause 117 against a person who the Scheme Administrator is satisfied is guilty of an offence under the Act, Schedule 4A, clause 114(2), being an offence arising from a contravention of a condition referred to in clause 62R.

(2) For the Act, Schedule 4A, clause 117, the number of certificates to be surrendered under the order is—

(a) if the contravention relates to an undertaking under clause 62L(1)—the number equivalent to the number of certificates for which, in the Scheme Administrator’s opinion, a benefit was obtained under a corresponding scheme, and

(b) if the contravention relates to an undertaking under clause 62L(2) or (3)—the number equivalent to the number of certificates the Scheme Administrator is satisfied were not withheld from transfer in accordance with the undertaking.

cl 62Z: Ins 2022 (607), Sch 1[57].