Document ID: chunk:federal_register_of_legislation:F2021L01155:reg:15:p2
Version: federal_register_of_legislation:F2021L01155
Segment Type: reg
Provision Reference: reg 15 (pt 2/2)
Character Range: 41377–42726

or more groups referred to in paragraph (a) that have at least one member in common.
 (5) For the purposes of paragraph (4)(b), an individual is taken not to be a member in common between 2 or more groups that are comprised of a person (the relevant person) and the associates of that relevant person where all of the following apply:
 (a) the individual is providing services as a company secretary (the company secretarial services) to one or more related bodies corporate of the relevant person in each of the groups;
 (b) the individual is providing the company secretarial services through a person or entity (the third party service provider) that:
 (i) is not in any of the groups; and
 (ii) carries on a business for the provision of professional services, including company secretarial services; and
 (iii) has, in the ordinary course of carrying on that business, been separately and independently engaged by an entity within each of those groups, under a contract or other legally binding arrangement, to provide the company secretarial services;
 (c) the individual is not, otherwise than by reason of providing the company secretarial services, an associate of any of the relevant persons;
 (d) each of the related bodies corporate to which the individual is providing the company secretarial services is incorporated outside Australia.