Document ID: chunk:federal_register_of_legislation:C2004A04501:schedule:3:p8
Version: federal_register_of_legislation:C2004A04501
Segment Type: schedule
Provision Reference: sch 3 (pt 8/110)
Character Range: 172474–175144

otherwise relating to, the terms of the trust; and

  (c)     the appointment and removal of a trustee of the trust; and

    (d)     the business, trading, transactions and dealings of the trustee of the trust; and

  (e)     the profits, income and receipts of the trustee of the trust; and

    (f)      the losses, outgoings and expenditure of the trustee of the trust; and

     (g) the trust property, including transactions and dealings in, and the income arising from, the trust property; and

  (h) the liabilities of the trustee of the trust; and

   (j) the management of the trust; and

    (k) any act done (including any contract made and any transaction entered into) by or on behalf of the trustee of the trust, or to or in relation to the trust, at a time when the trust is being wound up; and

     (l) matters concerned with ascertaining the corporations with which the trust is or has been connected.".

32. After section 64 of the Corporations Law the following sections are inserted:

Entities

  "64A. Except in Parts 3.2A, 3.6 and 3.7, a reference to an entity:

    (a)     is a reference to a natural person, a body corporate (other than an exempt public authority), a partnership or a trust; and

    (b)     includes, in the case of a trust, a reference to the trustee of the trust.

Entities connected with a corporation

[Body corporate]

"64B.(1) A body corporate is connected with a corporation if, and only if, the corporation:

    (a)     can control, or influence materially, the body's activities or internal affairs; or

  (b)     is a member of the body; or

    (c)     is in a position to cast, or to control the casting of, a vote at a general meeting of the body; or

    (d)     has power to dispose of, or to exercise control over the disposal of, a share in the body; or

    (e)     is financially interested in the body's success or failure or apparent success or failure; or

  (f)      is owed a debt by the body; or

  (g) is engaged by the body under a contract for services; or

  (h) acts as agent for the body in any transaction or dealing.

[Natural person]

"(2) A natural person is connected with a corporation if, and only if, the corporation:

     (a)     is a trustee of a trust under which the person is capable of benefiting; or

   (b)     is engaged by the person under a contract for services; or

   (c)     acts as agent for the person in any transaction or dealing; or

  (d)     is an attorney of the person under a power of attorney; or

    (e)     has appointed the person as the corporation's attorney under a power of attorney; or

    (f)      is given financial, business or legal advice by