Document ID: chunk:federal_register_of_legislation:C2004C01070:clause:3_112
Version: federal_register_of_legislation:C2004C01070
Segment Type: clause
Provision Reference: sch 3 cl 112
Character Range: 558625–559790

112  Section 9 (definition of officer)
Repeal the definition, substitute:

officer of a corporation means:
 (a) a director or secretary of the corporation; or
 (b) a person:
 (i) who makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or
 (ii) who has the capacity to affect significantly the corporation's financial standing; or
 (iii) in accordance with whose instructions or wishes the directors of the corporation are accustomed to act (excluding advice given by the person in the proper performance of functions attaching to the person's professional capacity or their business relationship with the directors or the corporation); or
 (c) a receiver, or receiver and manager, of the property of the corporation; or
 (d) an administrator of the corporation; or
 (e) an administrator of a deed of company arrangement executed by the corporation; or
 (f) a liquidator of the corporation; or
 (g) a trustee or other person administering a compromise or arrangement made between the corporation and someone else.

Note: Section 201B contains rules about who is a director of a corporation.