Document ID: chunk:federal_register_of_legislation:C2024C00492:section:44:p11
Version: federal_register_of_legislation:C2024C00492
Segment Type: section
Provision Reference: s 44 (pt 11/41)
Character Range: 805359–808134

the person's business relationship with the directors or the corporation.
 (5) A common law holder of native title is not a director of an Aboriginal and Torres Strait Islander corporation under subparagraph (2)(b)(ii), or an officer of an Aboriginal and Torres Strait Islander corporation under paragraph (3)(c), merely because the directors of the corporation take action, or refrain from taking action, to ensure that the corporation complies with a Native Title legislation obligation.
 (6) A person who is a common law holder of native title is not an officer of an Aboriginal and Torres Strait Islander corporation under paragraph (3)(b), merely because:
 (a) the person, in complying with a Native Title legislation obligation, makes, or participates in making, decisions that affect the whole, or a substantial part, of the business of the corporation; or
 (b) the person, as a common law holder of native title, has the capacity to affect significantly the corporation's financial standing.
 (7) The Registrar is not a director, or an officer, of an Aboriginal and Torres Strait Islander corporation merely because of the exercise by the Registrar of powers under this Act.

Division 686—Associates

686‑1  Effect of Division
 (1) This Division has effect for the purposes of interpreting a reference (the associate reference), in relation to a person (the primary person), to an associate.
 (2) A person is not an associate of the primary person except as provided in this Division.
 (3) Nothing in this Division limits the generality of anything else in it.

686‑5  Associates of bodies corporate
  If the primary person is a body corporate, the associate reference includes a reference to:
 (a) a director or secretary of the body; and
 (b) a related body corporate; and
 (c) a director or secretary of a related body corporate.

686‑10  General
 (1) The associate reference includes a reference to:
 (a) a person in concert with whom the primary person is acting, or proposes to act; and
 (b) a person who, under the regulations, is, for the purposes of the provision in which the associate reference occurs, an associate of the primary person; and
 (c) a person with whom the primary person is, or proposes to become, associated, whether formally or informally, in any other way;
in respect of the matter to which the associate reference relates.
 (2) If the primary person has entered, or proposes to enter, into a transaction, or has done, or proposes to do, any act or thing, in order to become associated with another person as mentioned in subsection (1), the associate reference includes a reference to that other person.

686‑15  Exclusions
 (1) A person is not an associate of another person by virtue of subsection 686‑10(1), or by virtue of subsection