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Q. Show the Criminal conduct definition of phoenix activity?
Master Builders argued that the definition of phoenix activity should focus on the existing sections of corporations law and criminal law that fraudulent phoenix activity breaches. It was proposed that any definition of phoenix activity should focus on the criminality of the activity. A key flaw in such an approach to defining phoenix activity is that there are a range of civil remedies to deal with phoenix activity under the Corporations Act and therefore, phoenix activity is not just characterised by criminal conduct.
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