Document ID: chunk:federal_register_of_legislation:C2004A02490:body:0:p48
Version: federal_register_of_legislation:C2004A02490
Segment Type: other
Provision Reference: 
Character Range: 117696–120339

the same meaning as in section 92f.
"(3) For the purposes of this section, the following persons are associates of a person:
     (a) a partner of the person;
     (b) where the person is a company—
          (i) a director or secretary of the company;
          (ii) a company that is related to the first-mentioned company;

          (iii) a director or secretary of a company that is related to the first-mentioned company;
     (c) a director or secretary of a company of which the person is a director or secretary;
     (d) a company whose directors are accustomed or under an obligation, whether formal or informal, to act in accordance with the directions, instructions or wishes of the person or, where the person is a company, of the directors of the person;
     (e) a company in accordance with the directions, instructions or wishes of which, or of the directors of which, the person is accustomed or under an obligation, whether formal or informal, to act;
     (f) a company of which the person is in a position to exercise control;
     (g) a person with whom the person is acting in concert in relation to the transaction concerned;
     (h) a person with whom the person is associated, whether formally or informally, in any other way in relation to the transaction concerned;
     (j) if the person has entered into a transaction (including any transaction as defined by section 91), or has done any other act or thing, with a view to becoming an associate of a person as mentioned in paragraph (g) or (h)—that last-mentioned person;
     (k) a person who is, by virtue of the regulations, to be regarded as an associate of the person;
     (m) a person who is, by virtue of paragraph (g), (h), (j) or (k), an associate of any other person who is an associate of the person by virtue of any of those paragraphs or by virtue of another application or other applications of this paragraph.
"(4) For the purposes of sub-section (3), the question whether companies are related to each other shall be determined in the same manner as the question whether corporations are related to each other would be determined under the Companies Ordinance 1962 of the Australian Capital Territory as amended and in force for the time being.
"(5) A person shall not be taken to be an associate of another person by virtue of paragraph (3) (g), (h), (j) or (k) by reason only that the person furnishes advice to, or acts on behalf of, that other person in the proper performance of the functions attaching to his professional capacity.
"(6) This section applies to a person in relation to a transaction if, and only if—
     (a) the person is