(1) A transaction of a company is an uncommercial transaction of the company if, and only if, it may be expected that a reasonable person in the company's circumstances would not have entered into the transaction, having regard to:

(a)

the benefits (if any) to the company of entering into the transaction; and

(b)

the detriment to the company of entering into the transaction; and

(c)

the respective benefits to other parties to the transaction of entering into it; and

(d)

any other relevant matter.

(2) A transaction may be an uncommercial transaction of a company because of subsection (1):

(a)

whether or not a creditor of the company is a party to the transaction; and

(b)

even if the transaction is given effect to, or is required to be given effect to, because of an order of an Australian court or a direction by an agency.