Western Australian Consolidated Acts (1) For the purposes
of this Part, a person is a close associate of a public company with which the
Minister has entered into, or is proposing to enter into, a casino complex
agreement if the person —
(a)
holds any relevant financial interest in, or is entitled to exercise any
relevant power with respect to, the public company, whether in the
person’s own right or on behalf of any other person, and by virtue of
that interest or power is or will be able, in the opinion of the Commission,
to exercise a significant influence over or with respect to the organization
and conduct of the gaming operations of the licensed casino with which the
casino complex agreement is concerned; or
(b)
holds any relevant position, whether in the person’s own right or on
behalf of any other person, in the public company.
(2) In this section
—
relevant financial interest means —
(a) any
share in the capital of the public company; or
(b) any
entitlement to receive any income derived from the public company;
relevant position means the position of director,
manager or other executive position or secretary, however that position is
designated;
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.
[Section 18 inserted by No. 24 of 1998
s. 12.]