Commonwealth Numbered Acts

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INSURANCE ACQUISITIONS AND TAKEOVERS ACT 1991 No. 6 of 1992 - SECT 7

Associates
7. (1) For the purposes of this Act, the following persons are associates of a
person:

   (a)  a relative of the person;

   (b)  a partner of the person;

   (c)  a corporation of which the person is an officer;

   (d)  if the person is a company - an officer of the company;

   (e)  an employee or employer of the person;

   (f)  an officer of a company of which the person is an officer;

   (g)  an employee of a natural person of whom the person is an employee;

   (h)  the trustee of a discretionary trust where the person or another
        person who is an associate of the person by virtue of another
        paragraph of this subsection benefits, or is capable (whether by the
        exercise of a power of appointment or otherwise) of benefiting, under
        the trust, either directly or through any interposed companies,
        partnerships or trusts;

   (i)  a company whose directors are accustomed or under an obligation,
        whether formal or informal, to act in accordance with the directions,
        instructions or wishes of the person;

   (j)  a company where the person is accustomed or under an obligation,
        whether formal or informal, to act in accordance with the directions,
        instructions or wishes of the company;

   (k)  a company in which the person has, apart from this paragraph, an
        associate-inclusive control interest of not less than 15%;

   (l)  a person who is, because of this subsection, an associate of any other
        person who is an associate of the person (including a person who is an
        associate of the person by any other application or applications of
        this paragraph).
(2) If a person (in this subsection called the "first person") enters, or
proposes to enter, into an arrangement with another person (in this subsection
called the "second person") that relates to any of the following matters:

   (a)  the first person and the second person being in a position, by acting
        together, to control any of the voting power in a company;

   (b)  the power of the first person and the second person, by acting
        together, to appoint or remove a director of a company;

   (c)  the situation where one or more of the directors of a company are
        accustomed or under an obligation, whether formal or informal, to act
        in accordance with the directions, instructions or wishes of the
        first person and the second person acting together; then, the
        second person is taken to be an associate of the first person for the
        purposes of the application of a provision of this Act in relation to
        the matter concerned. 


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