"associate" of a person means:
- (a)
- the spouse or de facto spouse of the person; or
- (b)
- a child of the person, or of the person's spouse or de facto spouse; or
- (c)
- a parent of the person, or of the person's spouse or de facto spouse; or
- (d)
- a sibling of the person; or
- (e)
- if the person is a company:
- (i)
- an officer of the company; or
- (ii)
- an officer of a company that is related to the first-mentioned company;
or
- (iii)
- a person who holds a substantial ownership interest in the company; or
- (f)
- if the person is an association or a co-operativethe
principal executive officer or a member of the body (however described) that
governs, manages, or conducts the affairs of the association or co-operative;
or
- (g)
- if the person is a body corporate established for a public purpose by or
under an Australian law and another body is responsible for the management or
the conduct of the affairs of the body corporatethe principal executive
officer or a member of that other body; or
- (h)
- if the person is any other kind of body corporate established for a public
purpose by or under an Australian lawthe principal executive officer or
a member of the body corporate; or
- (i)
- if the person is a partnership:
- (i)
- the principal executive officer or an individual, or a body corporate,
that is a member of the partnership; or
- (ii)
- an individual who is an officer of a company, or a member of any other
body corporate, that is a member of the partnership.
Related companies
- (2)
- For the purposes of subsection (1), the question
of whether companies are related to each other is to be determined in the same
manner as the question of whether bodies corporate (within the meaning of the
Corporations Law) are related to each other is determined under
section 50 of the Corporations Law.
Substantial ownership interest
- (3)
- For the purposes of subsection (1),
a person holds a substantial ownership interest in a company if the total of
all amounts paid on the shares in the company in which the person holds
interests equals or exceeds 15% of the total of all amounts paid on all shares
in the company.
Interests in shares
- (4)
- For the purposes of subsection (3):
- (a)
- a person holds an interest in a share if the person has any legal or
equitable interest in the share; and
- (b)
- without limiting the generality of paragraph (a), a person holds an
interest in a share if the person, although not the registered holder of the
share, is entitled to exercise, or control the exercise of, a right attached
to the share, otherwise than because the person has been appointed as a proxy
or representative to vote at a meeting of members of a company or of a class
of its members.
Mutual associates
- (5)
- If, under this section, one person is an associate of
a second person, then the second person is an associate of the first person.
Chains of associates
- (6)
- If, under this section:
- (a)
- one person is an associate of a second person (including because of a
previous application of this subsection); and
- (b)
- the second person is an associate of a third person;
then the first person is an associate of the third person.
Providers included
- (7)
- In this section:
"person" includes a provider.