Document ID: chunk:federal_register_of_legislation:C2025C00060:section:5:p27
Version: federal_register_of_legislation:C2025C00060
Segment Type: section
Provision Reference: s 5 (pt 27/31)
Character Range: 101969–104592

means an advantage of any kind and is not limited to property.
annual turnover has the meaning given by section 70.5C.
associate: a person is an associate of another person if the first‑mentioned person:
 (a) is an officer, employee, agent or contractor of the other person; or
 (b) is a subsidiary (within the meaning of the Corporations Act 2001) of the other person; or
 (c) is controlled (within the meaning of the Corporations Act 2001) by the other person; or
 (d) otherwise performs services for or on behalf of the other person.
control, in relation to a company, body or association, includes control as a result of, or by means of, trusts, agreements, arrangements, understandings and practices, whether or not having legal or equitable force and whether or not based on legal or equitable rights.
duty, in relation to a foreign public official, means any authority, duty, function or power that:
 (a) is conferred on the official; or
 (b) that the official holds himself or herself out as having.
foreign government body means:
 (a) the government of a foreign country or of part of a foreign country; or
 (b) an authority of the government of a foreign country; or
 (c) an authority of the government of part of a foreign country; or
 (d) a foreign local government body or foreign regional government body; or
 (e) a foreign public enterprise.
foreign public enterprise means a company or any other body or association where:
 (a) in the case of a company—one of the following applies:
 (i) the government of a foreign country or of part of a foreign country holds more than 50% of the issued share capital of the company;
 (ii) the government of a foreign country or of part of a foreign country holds more than 50% of the voting power in the company;
 (iii) the government of a foreign country or of part of a foreign country is in a position to appoint more than 50% of the company's board of directors;
 (iv) the directors (however described) of the company are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of the government of a foreign country or of part of a foreign country;
 (v) the government of a foreign country or of part of a foreign country is in a position to exercise control over the company; and
 (b) in the case of any other body or association—either of the following applies:
 (i) the members of the executive committee (however described) of the body or association are accustomed or under an obligation (whether formal or informal) to act in accordance with the directions, instructions or wishes of the