Document ID: chunk:federal_register_of_legislation:C2024C00345:section:9b
Version: federal_register_of_legislation:C2024C00345
Segment Type: section
Provision Reference: s 9B
Character Range: 56774–58843

9B  Meaning of related party

Control
 (1) An entity controlled by an organisation is a related party of the organisation, unless:
 (a) the entity is a branch, sub‑branch, division or subdivision of the organisation; or
 (b) the entity is an association of employers or employees registered under a State or Territory industrial law, and the organisation is a federal counterpart of the association.

Officers and their spouses
 (2) The following persons are related parties of an organisation:
 (a) officers of the organisation;
 (b) spouses of the persons referred to in paragraph (a).

Relatives of officers and spouses
 (3) Relatives of persons referred to in subsection (2) are related parties of the organisation.

Entities controlled by other related parties
 (4) An entity controlled by a related party referred to in subsection (1), (2) or (3) is a related party of the organisation unless the entity is also controlled by the organisation.

Related party in previous 6 months
 (5) An entity is a related party of an organisation at a particular time if the entity was a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time within the previous 6 months.

Entity has reasonable grounds to believe it will become related party in future
 (6) An entity is a related party of an organisation at a particular time if the entity believes or has reasonable grounds to believe that it is likely to become a related party of the organisation of a kind referred to in subsection (1), (2), (3) or (4) at any time in the future.

Acting in concert with related party
 (7) An entity is a related party of an organisation if the entity acts in concert with a related party of the organisation on the understanding that the related party will receive a financial benefit if the organisation gives the entity a financial benefit.

Application to branches of organisations
 (8) This section applies in relation to a branch of an organisation as if references to an organisation were references to a branch of an organisation.