Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 60

60. (1) Subject to subsection (2), a reference to a director, in relation to a
body corporate, includes a reference to:

   (a)  a person occupying or acting in the position of director of the body,
        by whatever name called and whether or not validly appointed to
        occupy, or duly authorised to act in, the position;

   (b)  a person in accordance with whose directions or instructions the
        directors of the body are accustomed to act;

   (c)  in the case of a body corporate incorporated outside Australia:

        (i)    a member of the body's board;

        (ii)   a person occupying or acting in the position of member of the
               body's board, by whatever name called and whether or not
               validly appointed to occupy, or duly authorised to act in, the
               position; and

        (iii)  a person in accordance with whose directions or instructions
               the members of the body's board are accustomed to act; and

   (d)  in the case of a close corporation-a member of the close corporation.

(2) A person shall not be regarded as a person in accordance with whose
directions or instructions:

   (a)  a body corporate's directors; or

   (b)  the members of the board of a body corporate incorporated outside
        Australia; are accustomed to act merely because the directors or
        members act on advice given by the person in the proper performance of
        the functions attaching to the person's professional capacity or to
        the person's business relationship with the directors or the members
        of the board, or with the body.