Unit Title Schemes Act 2009

(1) In this Part:

associate, see subsections (2) and (3).

body corporate manager, of a scheme, means a person who:

(a) is engaged by the body corporate to provide administrative services for the scheme (whether or not also engaged by the body corporate in other capacities); and

(b) is not an employee of the body corporate.

caretaking service contractor, of a scheme, means a service contractor of the scheme who is also:

(a) a letting agent of the scheme; or

(b) an associate of a letting agent of the scheme.

interposed person, see subsection (4).

letting agent, of a scheme, means a person who:

(a) is licensed as a real estate agent, or is a registered agents representative, under the Agents Licensing Act 1979; and

(b) is authorised by the body corporate to conduct a business for the leasing of the units.

service contractor, of a scheme, means a person who:

(a) is engaged by the body corporate for a term of at least 1 year to provide services other than administrative services for the scheme;

and

(b) is not an employee of the body corporate.

(2) A person is an associate of someone if:

(a) there is an interposed person between them; or

(b) at least 1 of the following relationships exists between them:

(i) a marriage or de facto relationship;

(ii) members of a family according to traditional or contemporary practice;

(iii) a partnership;

(iv) an employer-employee relationship;

(v) a fiduciary relationship;

(vi) a relationship between a corporation and someone who is concerned with, or takes part in, the management of the corporation (whether as a director or not);

(vii) a relationship between a corporation and someone who controls, or can substantially influence, the corporation's conduct;

(viii) a relationship under which 1 of them is obliged (whether formally or not) to act at the direction of the other.

(3) However, a person is not an associate of someone only because 1 of them is a unit owner, and the other is a letting agent, of a scheme.

(4) An

interposed person between 2 persons is someone who has a relationship mentioned in subsection (2)(b) with each of the

2 persons.