Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 13A

Meaning of associate in section 13

13A. Meaning of associate in section 13



(1) For the purposes of section 13(5), a natural person is an associate of
another person if she or he-

   (a)  is the spouse or domestic partner of that other person; or



   (b)  is a business partner of that other person or has entered into a
        business arrangement or relationship with that other person.

(2) For the purposes of section 13(5), a natural person is an associate of a
body corporate if she or he-

   (a)  is a director or secretary of the body corporate or a spouse or
        domestic partner of such a director or secretary; or



   (b)  holds or will hold any relevant financial interest, or is or will be
        entitled to exercise any relevant power (whether in her or his own
        right or on behalf of any other person), in the business of the body
        corporate and thereby is able or will be able to exercise a
        significant influence over, or with respect to, the management or
        operation of that business; or

   (c)  holds or will hold any relevant position (whether in her or his own
        right or on behalf of any other person) in the business of the body
        corporate.

(3) For the purposes of section 13(5), a body corporate is an associate of a
person if it-

   (a)  is a business partner of that other person; or

   (b)  holds or will hold any relevant financial interest, or is or will be
        entitled to exercise any relevant power (whether in its own right or
        on behalf of any other person), in the business of the body corporate
        and thereby is able or will be able to exercise a significant
        influence over, or with respect to, the management or operation of
        that business.

(4) 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

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

relevant position, in relation to a business, means the position of director,
manager, secretary or other executive position, however that position is
designated;

relevant power, in relation to a business, 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 in
        the business; or

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