Victorian Consolidated Legislation

Gambling Regulation Act 2003 - SECT 1.4.

Who is an associate?

1.4. Who is an associate?



(1) For the purposes of this Act, an associate of a person (the first person)
is-

   (a)  a person who holds or will hold any relevant financial interest, or is
        or will be entitled to exercise any relevant power (whether in right
        of the person or on behalf of any other person) in the gambling
        business of the first person, and by virtue of that interest or power,
        is able or will be able to exercise a significant influence over or
        with respect to the management or operation of that business; or

   (b)  a person who is or will be an executive officer, whether in right of
        the person or on behalf of any other person, of the gambling business
        of the first person; or

   (c)  if the first person is a natural person-a person who is a relative of
        the first person.

(2) Subsection (1) does not apply for the purposes of Division 3A of Part 4 of
Chapter 3 (Regulation of Shareholding Interests of Gaming Operator) or
Division 5 of Part 3 of Chapter 4 (Regulation of Shareholding Interests in
Wagering and Gaming Licensee) or Division 6A of Part 3A of Chapter 4 (Betting
Exchanges).

Note Section 3.4.37A(2) defines associate for the purposes of Division 3A of
Part 4 of Chapter 3, section 4.3.18(2) defines associate for the purposes of
Division 5 of Part 3 of Chapter 4 and section 4.3A.34A defines associate for
the purposes of Division 6A of Part 3A of Chapter 4.





(3) In this section-

executive officer, in relation to a body (whether incorporated or not), means-

   (a)  a director, secretary or member of the committee of management of the
        body (by whatever name called); or

   (b)  any other person who is concerned with, or takes part in, the
        management of the body, whether or not the person's position is given
        the name of executive officer;

relative, in relation to a person, means-

   (a)  the spouse or domestic partner of the person;

   (b)  a parent, son, daughter, brother or sister of the person; or

   (c)  a parent, son, daughter, brother or sister of the spouse or domestic
        partner of the person;

relevant financial interest, in relation to a gambling business, means-

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

   (b)  any entitlement to receive any income derived from the business; or

   (c)  any entitlement to receive any payment as a result of money advanced;

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 as an executive officer.