Queensland Consolidated Acts

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DUTIES ACT 2001 - SECT 61

61 Who is a related person

(1) A person is a related person of another person if--

(a) for individuals--they are members of the same family; or
(b) for an individual and a corporation--the person or a member of the person's family is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation, or has a majority interest in it; or
(c) for an individual and a trustee--the person or a related person under another provision of this section is a beneficiary of the trust; or
(d) for corporations--they are related bodies corporate; or
(e) for a corporation and a trustee--the corporation or a related person under another provision of this section is a beneficiary of the trust; or
(f) for trustees--
(i) there is a person who is a beneficiary of both trusts; or
(ii) a person is beneficiary of 1 trust and a related person under another provision of this section is a beneficiary of the other trust.

(2) Also, a person is a related person of another person if the persons acquire trust interests in a land holding trust and the acquisitions form, evidence, give effect to or arise from what is substantially 1 arrangement.

(3) However, a person is not a related person of another person under subsection (1), other than subsection (1)(d), if the commissioner is satisfied the trust interests of the persons in a land holding trust--

(a) were acquired, and will be used, independently; and
(b) were not acquired, and will not be used, for a common purpose.


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