Document ID: chunk:federal_register_of_legislation:C2015A00150:clause:1_6:p2
Version: federal_register_of_legislation:C2015A00150
Segment Type: clause
Provision Reference: sch 1 cl 6 (pt 2/3)
Character Range: 26070–28754

in the entity; or
 (ii) is a senior officer of the entity;
 (b) if the person is an entity (the first entity)—another entity (the second entity) if:
 (i) an individual holds a substantial interest in the first entity or is a senior officer of the first entity; and
 (ii) a relative of the individual holds a substantial interest in the second entity or is a senior officer of the second entity; and
 (iii) the first entity and the second entity are not, and are not a subsidiary or trustee of an entity, listed for quotation in the official list of a stock exchange.

Persons who are not associates
 (3) Despite subsections (1) and (2), a person is not an associate of another person merely because:
 (a) 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; or
 (b) one, a client, gives specific instructions to the other, whose ordinary business includes dealing in financial products (within the meaning of the Corporations Act 2001), to acquire financial products on the client's behalf in the ordinary course of that business; or
 (c) one had sent, or proposes to send, to the other an offer under a takeover bid (within the meaning of that Act) for securities held by the other; or
 (d) one has appointed the other, otherwise than for valuable consideration (within the ordinary meaning of the term) given by the other or by an associate of the other, to vote as a proxy or representative; or
 (e) both of the following apply:
 (i) one provides independent services as a trustee of a trust to the other who is a beneficiary of the trust;
 (ii) the trustee is licensed to provide those services under a law of the Commonwealth, a State, a Territory, a foreign country or a part of a foreign country; or
 (f) one holds a substantial interest in a managed investment scheme (within the meaning of the Corporations Act 2001) and the other is the responsible entity of the scheme; or
 (g) both are partners of one of the following kinds of partnerships:
 (i) a partnership of actuaries or accountants;
 (ii) a partnership of medical practitioners;
 (iii) a partnership of patent attorneys;
 (iv) a partnership of sharebrokers or stockbrokers;
 (v) a partnership of trade mark attorneys;
 (vi) a partnership that has as its primary purpose collaborative scientific research, and includes at least one university and one private sector participant (whether or not it also includes government agencies or publicly funded research bodies);
 (vii) a partnership of architects;
 (viii) a partnership of pharmaceutical chemists or veterinary surgeons;
 (ix) a partnership of