Section 200D of the Corporations Act 2001 (Cth) is ‘Contravention to Receive Benefit without Approval’ and is extracted below.
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Section 200D of the Corporations Act 2001 (Cth) is Contravention to Receive Benefit without Approval and reads as follows:
Contravention to Receive Benefit without Approval
(1) A person who:
(a) holds, or has at any previous time held, a managerial or executive office in a company or related body corporate; or
(b) is the spouse of a person referred to in paragraph (a); or
(c) is a relative of a person referred to in paragraph (a) or of the spouse of such a person; or
(d) is an associate of a person referred to in paragraph (a) or the spouse of an associate of such a person;
must not receive a benefit if the giving of the benefit contravenes section 200B or 200C.
(2) An offence based on subsection (1) is an offence of strict liability.
Note: For strict liability , see section 6.1 of the Criminal Code .
The maximum penalty for the offence of breaching Contravention to Receive Benefit without Approval is:
6 months imprisonment and/or 180 penalty units (a Commonwealth penalty unit is currently $210).
However, it should be kept in mind that maximum penalties are reserved for the most serious cases.
Your legal team will be able to advise you of the essential elements the prosecution would need to prove in order to establish the offence, whether those elements are capable of being established in your particular situation, the most effective and efficient way forward and the likely outcome.
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Our senior lawyers are highly skilled advocates who have been recognised for their expert knowledge of the criminal law, as well as their ability to obtain excellent results in difficult cases.
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