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COMMONWEALTHAct
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s 194F

Meaning of person with management or control

In force
Volume 2Parts 6 to 10 (sections 153 to 235)
Part 8Approval of provider of child care services
Division 1Provider approval

194F Meaning of person with management or control

(1)

A person is a person with management or control of a body, if the person is any of the following:

(a)

a member of the group of persons responsible for the executive decisions of the body;

(b)

a person who has authority or responsibility for, or significant influence over, planning, directing or controlling the activities of the body;

(c)

a person who is responsible for the day‑to‑day operation of the body (whether or not the person is employed by the body);

(d)

a person who is responsible for the day‑to‑day operation of a child care service in respect of which the body is approved or is seeking to be approved (whether or not the person is employed by the body).

(2)

Without limiting paragraph (1)(a), the following persons are taken to be members of the group referred to in that paragraph:

(a)

if the body is a body corporate—an officer of the body corporate (within the meaning of the Corporations Act 2001);

(b)

if the body is a partnership—a partner;

(c)

in any other case—a member of the body’s governing body.

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