Part 1, Division 1, Section 6 · Education Services for Overseas Students Act 2000

Contents

6Meaning of associate#

(1)In this Act:

associate of a person means:

(a)the spouse or de facto partner of the person; or

(b)a child of the person, or of the person’s spouse or de facto partner; or

(c)a parent of the person, or of the person’s spouse or de facto partner; or

(d)a sibling of the person; or

(e)if the person is a company:

(i)an officer of the company; or

(ii)an officer of a company that is related to the first-mentioned company; or

(iii)a person who holds a substantial ownership interest in the company; or

(f)if the person is an association or a co-operative—the principal executive officer or a member of the body (however described) that governs, manages, or conducts the affairs of the association or co-operative; or

(g)if the person is a body corporate established for a public purpose by or under an Australian law and another body is responsible for the management or the conduct of the affairs of the body corporate—the principal executive officer or a member of that other body; or

(h)if the person is any other kind of body corporate established for a public purpose by or under an Australian law—the principal executive officer or a member of the body corporate; or

(i)if the person is a partnership:

(i)the principal executive officer or an individual, or a body corporate, that is a member of the partnership; or

(ii)an individual who is an officer of a company, or a member of any other body corporate, that is a member of the partnership.

Related companies

(2)For the purposes of subsection (1), the question of whether companies are related to each other is to be determined in the same manner as the question of whether bodies corporate (within the meaning of the Corporations Act 2001) are related to each other is determined under section 50 of the Corporations Act 2001.

Substantial ownership interest

(3)For the purposes of subsection (1), a person holds a substantial ownership interest in a company if the total of all amounts paid on the shares in the company in which the person holds interests equals or exceeds 15% of the total of all amounts paid on all shares in the company.

Interests in shares

(4)For the purposes of subsection (3):

(a)a person holds an interest in a share if the person has any legal or equitable interest in the share; and

(b)without limiting the generality of paragraph (a), a person holds an interest in a share if the person, although not the registered holder of the share, is entitled to exercise, or control the exercise of, a right attached to the share, otherwise than because the person has been appointed as a proxy or representative to vote at a meeting of members of a company or of a class of its members.

Mutual associates

(5)If, under this section, one person is an associate of a second person, then the second person is an associate of the first person.

Chains of associates

(6)If, under this section:

(a)one person is an associate of a second person (including because of a previous application of this subsection); and

(b)the second person is an associate of a third person;

then the first person is an associate of the third person.

Other definitions

(7)In this section:

child: without limiting who is a child of a person for the purposes of this section, someone is the child of a person if he or she is a child of the person within the meaning of the Family Law Act 1975.

de facto partner of a person has the meaning given by the Acts Interpretation Act 1901.

parent: without limiting who is a parent of a person for the purposes of this section, someone is the parent of a person if the person is his or her child because of the definition of child in this section.

person includes a provider.

Certain family relationships

(8)For the purposes of paragraph (d) of the definition of associate in subsection (1), if one person is the child of another person because of the definition of child in this section, relationships traced to or through the person are to be determined on the basis that the person is the child of the other person.

Sourced from the Federal Register of Legislation at legislation.gov.au, © Commonwealth of Australia, licensed under CC BY 4.0. Compilations may have been reformatted.