CORPORATIONS REGULATIONS 2001 - REG 7.5.04 Meaning of excluded person
CORPORATIONS REGULATIONS 2001 - REG 7.5.04
Meaning of excluded person(1) For this Part, an excluded person , in relation to a participant of a participating market licensee, or a participant of the licensed CS facility operated by ACH, means:
(a) in any case--the participant; or
(b) if the participant is not a body corporate:
(i) a person who is the spouse, or who is a relative, of the participant; or
(ii) a trustee of a trust in relation to which the participant or a person of a kind mentioned in subparagraph (i) is capable of benefiting; or
(iii) a body corporate of which the participant is an officer; or
(iv) a body corporate in which the participant or a person of a kind mentioned in subparagraph (i) has a controlling interest; or
(v) a body corporate in which the participant, and a person of a kind mentioned in subparagraph (i) have a controlling interest; or
(vi) a body corporate in which the participant and 2 or more persons of a kind mentioned in subparagraph (i) have a controlling interest; or
(vii) a body corporate in which 2 or more persons of a kind mentioned in subparagraph (i) together have a controlling interest; or
(i) a person who is an officer of the body corporate; or
(ii) a body corporate that is related to the first - mentioned body corporate; or
(iii) a person who is the spouse, or who is a relative, of a person of a kind mentioned in subparagraph (i); or
(iv) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i) or (iii) is capable of benefiting; or
(v) a body corporate in which a person of a kind mentioned in subparagraph (i) or (iii) has, or 2 or more such persons together have, a controlling interest; or
(d) if the participant is a partner in a participant of the participating market licensee or licensed CS facility and is not a body corporate:
(i) a person who is a partner in the participant; or
(ii) a person who is the spouse, or who is a relative, of a partner (not being a body corporate) in the participant; or
(iii) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i) or (ii) is capable of benefiting; or
(iv) a person who is an officer of a body corporate that is a partner in the participant; or
(v) a body corporate of which a person of a kind mentioned in subparagraph (i), (ii) or (iii) is an officer, or in which such a person has, or 2 or more such persons together have, a controlling interest; or
(vi) a person who is a participant of the licensed CS facility operated by ACH; or
(e) if the participant is a partner in a participant of the participating market licensee or licensed CS facility and is a body corporate:
(i) a person who is an officer of a body corporate that is a partner in the participant; or
(ii) a body corporate that is related to the first - mentioned body corporate; or
(iii) a person who is a partner in the participant; or
(iv) a person who is the spouse, or who is a relative, of a person (other than a body corporate) of a kind mentioned in subparagraph (i) or (iii); or
(v) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i), (iii) or (iv) is capable of benefiting; or
(vi) a body corporate in which a person of a kind mentioned in subparagraph (i), (iii) or (iv) has, or 2 or more such persons together have, a controlling interest; or
(vii) a person who is a participant of the licensed CS facility operated by ACH.
(2) A reference in subregulation (1) or (1A) to a relative of a person includes a reference to a relative of the spouse (if any) of the person.
(3) A reference in subregulation (1) or (1A) to an officer of a body corporate is a reference to:
(a) a director, secretary or executive officer of the body corporate; or
(b) a person who is an officer of the body corporate by virtue
of paragraph (b), (c), (d) or (e) of the definition of officer in
section 9 of the Act.