Section 77A — Competition and Consumer Act 2010 (Cth)

(1) A body corporate (the first body), or a body corporate related to the first body, must not indemnify a person (whether by agreement or by making a payment and whether directly or through an interposed entity) against any of the following liabilities incurred as an officer of the first body:

(a) a civil liability;

(b) legal costs incurred in defending or resisting proceedings in which the person is found to have such a liability.

Penalty: 25 penalty units.

(2) For the purposes of subsection (1), the outcome of proceedings is the outcome of the proceedings and any appeal in relation to the proceedings.

Definitions

(3) In this section:

civil liability means a liability to pay a pecuniary penalty under section 76 for a contravention of a provision of Part IV or Part V.

officer has the same meaning as in the Corporations Act 2001.

Related sections

• s 76A — Defence to proceedings under section 76 relating to a contravention of section 92
• s 76B — Consequences in some cases if substantially the same conduct contravenes a provision of this Act and is an offence
• s 77 — Civil action for recovery of pecuniary penalties
• s 77B — Certain indemnities not authorised and certain documents void
• s 77C — Application of section 77A to a person other than a body corporate
• s 77D — Orders relating to void acquisitions

Research how courts apply s 77A

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.