Document ID: chunk:federal_register_of_legislation:F2024L00156:clause:2_1
Version: federal_register_of_legislation:F2024L00156
Segment Type: clause
Provision Reference: sch 2 cl 1
Character Range: 8469–10043

1  Definitions
 (1) In this Schedule, relevant group of persons means:
 (a) a named person and all associates of that named person; or
 (b) subject to subclause (2), any 2 or more groups referred to in paragraph (a) that have at least one member in common.
 (2) For the purposes of paragraph (1)(b), an individual is not taken to be a member in common between 2 or more groups that are comprised of a named 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 group;
 (b) the individual is providing the company secretarial services through a person or entity (the third party service provider) that:
               (i) is not a member of 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 the related groups, under a contract or other legally binding arrangement, to provide the company secretarial services;
 (c) the individual is not, other 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.