Victorian Consolidated Legislation

Liquor Control Reform Act 1998 - SECT 3AC

Who is an associate?

3AC. Who is an associate?



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

   (a)  a person who-

   (i)  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 any business of the first
        person involving the sale of liquor; and

   (ii) 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 a director, whether in right of the person
        or on behalf of any other person, of any business of the first person
        involving the sale of liquor; or

   (c)  if the first person is a natural person, a person who is a relative of
        the first person, other than a relative-

   (i)  who is not, and has never been, involved in any business of the first
        person involving the sale of liquor; or

   (ii) who will not be involved in the business the first person proposes to
        conduct as a licensee or permittee.

(2) In this section-

relative, in relation to a person, means-

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

   (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
        business involving the sale of liquor, 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 a director.