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COMMONWEALTHAct
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s 203B

Persons to whom a financial information notice may be given

In force
Volume 2Parts 6 to 10 (sections 153 to 235)
Part 8AProvider requirements and other matters
Division 4Requirements relating to large child care providers

203B Persons to whom a financial information notice may be given

The persons to whom a notice under subsection 203A(1) in relation to a large child care provider may be given are the following:

(a)

the provider;

(b)

a person who, at any time during the financial year, owns 15% or more of:

(i)

the provider; or

(ii)

if the provider consists of more than one person—any of those persons;

(c)

a person who, at any time during the financial year, is entitled to receive 15% or more of the dividends paid by:

(i)

the provider; or

(ii)

if the provider consists of more than one person—any of those persons;

(d)

a person who, at any time during the financial year, is owed a debt by the provider;

(e)

a person who:

(i)

acts, or is accustomed to act; or

(ii)

under a contract or an arrangement or understanding (whether formal or informal) is intended or expected to act;

in accordance with the directions, instructions or wishes of, or in concert with:

(iii)

the provider; or

(iv)

if the provider consists of more than one person—any of those persons;

(f)

a person who directs or instructs:

(i)

the provider; or

(ii)

if the provider consists of more than one person—any of those persons;

to act in accordance with those directions or instructions;

(g)

a person, if:

(i)

the provider; or

(ii)

if the provider consists of more than one person—any of those persons;

acts, or is accustomed to act, so as to give effect to the first‑mentioned person’s wishes;

(h)

a person with whom:

(i)

the provider; or

(ii)

if the provider consists of more than one person—any of those persons;

acts, or is accustomed to act, in concert;

(i)

a person, if:

(i)

the provider; or

(ii)

if the provider consists of more than one person—any of those persons;

is intended or expected to act under a contract or an arrangement or understanding (whether formal or informal) so as to give effect to the first‑mentioned person’s directions, instructions or wishes;

(j)

a person with whom:

(i)

the provider; or

(ii)

if the provider consists of more than one person—any of those persons;

is intended or expected to act in concert under a contract or an arrangement or understanding (whether formal or informal).

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