Connected persons—the Act, s 6(1)(f)
4 Connected persons—the Act, s 6(1)(f)
A person that is a corporation (the principal person) is connected with another person if the other person—
is a related body corporate or an associated entity of the principal person, or
holds an executive position in a related body corporate or an associated entity of the principal person, or
holds or will hold a relevant financial interest in the principal person and, because of that interest, is or will be able to exercise significant influence over or in relation to the management or operation of the principal person, or
is or will be—
entitled to exercise a relevant power, whether in the person’s own right or on behalf of another person, in the business of the principal person, and
because of that power—able to exercise significant influence over or in relation to the management or operation of the principal person.
A person (the principal person) is connected with another person if the other person is—
the trustee of a trust of which the principal person is a beneficiary, or
one or more of the following in relation to a trust of which the principal person is, or has at any time been, a trustee—
a beneficiary,
a child, spouse or de facto partner of a beneficiary.
In this section—
associated entity has the same meaning as in the Corporations Act 2001 of the Commonwealth.
relevant financial interest, in relation to a principal person, means—
shares in the capital of the principal person, or
an entitlement, whether arising at law, in equity or otherwise, to receive—
income derived from a business carried on by the principal person, or
another financial benefit or financial advantage from the carrying on of the business.
relevant power means a power to participate in, or to elect or appoint a person to, a directorial, managerial or an executive position in the principal person, whether the power is exercisable—
by voting or otherwise, and
alone or in association with other powers.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.