TELSTRA CORPORATION ACT 1991 - SECT 8CCA Anti - avoidance

TELSTRA CORPORATION ACT 1991 - SECT 8CCA

  (1)   A Telstra successor company must not, either alone or together with one or more other persons, enter into, begin to carry out or carry out a scheme if it would be concluded that the Telstra successor company did so for the sole or dominant purpose of avoiding the application of any provision of this Act in relation to the Telstra successor company.

  (2)   A contravention of subsection   (1) is not an offence. However, a contravention of subsection   (1) is a ground for obtaining an injunction under Division   1 of Part   2B.

  (3)   A contravention of subsection   (1) does not affect the validity of any transaction.

  (4)   In this section:

"scheme" means:

  (a)   any agreement, arrangement, understanding, promise or undertaking, whether express or implied and whether or not enforceable, or intended to be enforceable, by legal proceedings; and

  (b)   any scheme, plan, proposal, action, course of action or course of conduct, whether unilateral or otherwise.