New South Wales Consolidated Acts

CASINO, LIQUOR AND GAMING CONTROL AUTHORITY ACT 2007 - SECT 5

5 Meaning of “close associate”

(1) For the purposes of the gaming and liquor legislation, a person is a "close associate" of an applicant for, or the holder of, a gaming or liquor licence if the person:

(a) holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in his or her own right or on behalf of any other person), in the business of the applicant or licensee that is or will be carried on under the authority of the licence, and by virtue of that interest or power is or will be able (in the opinion of the Authority) to exercise a significant influence over or with respect to the management or operation of that business, or

(b) holds or will hold any relevant position, whether in his or her own right or on behalf of any other person, in the business of the applicant or licensee that is or will be carried on under the authority of the licence.

(2) In this section:
"relevant financial interest", in relation to a business, means:

(a) any share in the capital of the business, or

(b) any entitlement to receive any income derived from the business, or to receive any other financial benefit or financial advantage from the carrying on of the business, whether the entitlement arises at law or in equity or otherwise, or

(c) any entitlement to receive any rent, profit or other income in connection with the use or occupation of premises on which the business of the club is or is to be carried on (such as, for example, an entitlement of the owner of the premises of a registered club to receive rent as lessor of the premises).

"relevant position" means:

(a) the position of director, manager or secretary, or

(b) any other position, however designated, if it is an executive position.

"relevant power" means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others:

(a) to participate in any directorial, managerial or executive decision, or

(b) to elect or appoint any person to any relevant position.

(3) For the purposes of this section, a financial institution is not a close associate by reason only of having a relevant financial interest in relation to a business.

(4) For the purposes of this section, a Presiding Officer (within the meaning of the Parliamentary Precincts Act 1997 ) is not, in the case of a licence under the Liquor Act 2007 , a close associate of an applicant for a licence or the holder of a licence that relates to premises within the Parliamentary precincts.