3.1 What is the "anti-avoidance" regime?
Section 965 of the Corporations Act provides as follows:
"(1) Subject to subsection (2), a person must not,
either alone or together with one or more other people, enter into,
begin to carry out or carry out a scheme if:
- it would be concluded that the person, or any of the
people, who entered into, began to carry out or carried out the
scheme or any part of the scheme did so for the sole purpose or for
a purpose (that is not incidental) of avoiding the application of
any provision of Part 7.7A (which includes the conflicted
remuneration provisions) in relation to any person or people;
and
- the scheme or the part of the scheme has achieved, or apart
from this section, would achieve, that purpose."
