Document ID: chunk:federal_register_of_legislation:C2023A00111:clause:3_5
Version: federal_register_of_legislation:C2023A00111
Segment Type: clause
Provision Reference: sch 3 cl 5
Character Range: 113068–114069

5  Subsection 4(1)
Insert:
associate: a person is an associate of another person (the other person) if:
 (a) if the other person is a body corporate—the person is:
 (i) a director or secretary of the body corporate; or
 (ii) a related body corporate (within the meaning of the Corporations Act 2001); or
 (iii) a director or secretary of a related body corporate (within the meaning of the Corporations Act 2001); or
 (b) the person is acting, or proposes to act, in concert with the other person; or
 (c) the person is or proposes to become associated with the other person, whether formally or informally, in any other way;
but a person is not an associate of another person merely because of either or both of the following:
 (d) one gives advice to the other, or acts on the other's behalf, in the proper performance of the functions attaching to a professional capacity or a business relationship;
 (e) one, a client, gives specific instructions to the other in the ordinary course of business.