sec.876PAnti-avoidance provision

### sec.876P Anti-avoidance provision A person must not, without a reasonable excuse, engage in conduct if, as a result of the conduct— another person is prevented from taking action under the administration scheme; or the administrator is prevented from effectively administering the administration scheme. Maximum penalty—6,000 penalty units or 2 years imprisonment. This subsection is a civil penalty provision. See also section 571 in relation to persons involved in a contravention of a civil penalty provision. See also the Criminal Code , section 7 and section 937 of this Act in relation to parties to an offence against this subsection. A criminal proceeding may be started against a person for a contravention of subsection (1) regardless of whether a civil penalty has been imposed on the person for the contravention. However, a civil penalty must not be imposed on a person on the grounds of a contravention of subsection (1) if the person has been convicted of an offence against subsection (1) . This section applies despite section 571 (1) . In this section— conduct includes a course of conduct. convicted means found guilty, or having a plea of guilty accepted, by a court whether or not a conviction is recorded. s 876P ins 2024 No. 40 s 14B exp 23 August 2029 (see s 876U) (sec.876P-ssec.1) A person must not, without a reasonable excuse, engage in conduct if, as a result of the conduct— another person is prevented from taking action under the administration scheme; or the administrator is prevented from effectively administering the administration scheme. Maximum penalty—6,000 penalty units or 2 years imprisonment. This subsection is a civil penalty provision. See also section 571 in relation to persons involved in a contravention of a civil penalty provision. See also the Criminal Code , section 7 and section 937 of this Act in relation to parties to an offence against this subsection. (sec.876P-ssec.2) A criminal proceeding may be started against a person for a contravention of subsection (1) regardless of whether a civil penalty has been imposed on the person for the contravention. (sec.876P-ssec.3) However, a civil penalty must not be imposed on a person on the grounds of a contravention of subsection (1) if the person has been convicted of an offence against subsection (1) . (sec.876P-ssec.4) This section applies despite section 571 (1) . (sec.876P-ssec.5) In this section— conduct includes a course of conduct. convicted means found guilty, or having a plea of guilty accepted, by a court whether or not a conviction is recorded. - (a) another person is prevented from taking action under the administration scheme; or - (b) the administrator is prevented from effectively administering the administration scheme. - 1 This subsection is a civil penalty provision. - 2 See also section 571 in relation to persons involved in a contravention of a civil penalty provision. - 3 See also the Criminal Code , section 7 and section 937 of this Act in relation to parties to an offence against this subsection.