Avoidance schemes—presumption of avoidance for certain schemes in civil cases
(1) For the purposes of subsection 1023S(1), (2), (3) or (4), it is reasonable to conclude, unless the contrary is proved, that a person entered into or carried out a scheme for the purpose of avoiding a credit product intervention order (within the meaning of subsection 1023S(11)) if: (a) the scheme is of a kind prescribed by the regulations; or (b) the scheme is of a kind determined by ASIC under subsection (3). (2) In proving the contrary for the purposes of subsection (1), regard must be had to any matters as required under subsection 1023S(8). (3) ASIC may, by legislative instrument, determine a scheme, or a class of schemes, for the purposes of paragraph (1)(b). (4) This section does not have effect for the purposes of determining whether a person has committed an offence against subsection 1023S(10).
Sourced from the Federal Register of Legislation at 17 May 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au. Verify the current text against the official source before relying on it.
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