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James Hardie (Civil Penalty Compensation Release) Act 2005
6Meaning of “protected conduct”
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#### 6 Meaning of “protected conduct”
6 Meaning of “protected conduct”
> For the purposes of this Part, protected conduct is anything done or omitted to be done in connection with any of the following:
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> > (a) the transfer of the assets of, and the payment of dividends and management fees by, any liable entity, that is set out in Part 3 of the Jackson Inquiry Report,
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> > (b) the establishment and funding and underfunding of the Compensation Foundation and the Medical Research and Compensation Foundation Trust (including announcements or other representations made in relation to the effect or consequences of the establishment or funding),
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> > (c) the transfer of assets from ABN 60 to James Hardie Industries NV, the establishment in 2001 of the ABN 60 Foundation and the ABN 60 Foundation Trust and the allotment of shares in ABN 60 to the ABN 60 Foundation,
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> > (d) the corporate reorganisation of the James Hardie group of companies on 15 February 2001 (including announcements or other representations made in relation to the effect or consequences of the reorganisation),
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> > (e) the corporate reorganisation of the James Hardie group of companies between August and October 2001, including without limitation:
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> > > (i) the scheme of arrangement approved by the Supreme Court in October 2001 under which James Hardie Industries NV became the holding company for the James Hardie group of companies, and
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> > > (ii) announcements or other representations made in relation to the effect or consequences of that scheme (including representations made to the Supreme Court),
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> > (f) the entry into the 2001 Deed of Covenant and Indemnity and the 2003 Deed of Covenant, Indemnity and Access and the amendment of the 2003 Deed of Covenant, Indemnity and Access by the Deed of Rectification executed by the parties to it on 3 February 2004,
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> > (g) the issue by ABN 60 of shares in ABN 60 to James Hardie Industries NV and the cancellation of those shares in March 2003.
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> Note—
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> The matters referred to in paragraphs (a)–(g) are described in the Jackson Inquiry Report.