Corporations Regulations 2001

CHAPTER 7 - FINANCIAL SERVICES AND MARKETS  

PART 7.5 - COMPENSATION REGIMES FOR FINANCIAL MARKETS  

Division 1 - Preliminary  

REGULATION 7.5.04   MEANING OF EXCLUDED PERSON  

7.5.04(1)   [ This Part (other than Subdiv 4.9)]  

For this Part, an excluded person , in relation to a participant of a participating market licensee, or a participant of the licensed CS facility operated by ACH, means:

(a) in any case - the participant; or

(b) if the participant is not a body corporate:

(i) a person who is the spouse, or who is a relative, of the participant; or

(ii) a trustee of a trust in relation to which the participant or a person of a kind mentioned in subparagraph (i) is capable of benefiting; or

(iii) a body corporate of which the participant is an officer; or

(iv) a body corporate in which the participant or a person of a kind mentioned in subparagraph (i) has a controlling interest; or

(v) a body corporate in which the participant, and a person of a kind mentioned in subparagraph (i) have a controlling interest; or

(vi) a body corporate in which the participant and 2 or more persons of a kind mentioned in subparagraph (i) have a controlling interest; or

(vii) a body corporate in which 2 or more persons of a kind mentioned in subparagraph (i) together have a controlling interest; or

(c) if the participant is:

(i) a person who is an officer of the body corporate; or

(ii) a body corporate that is related to the first-mentioned body corporate; or

(iii) a person who is the spouse, or who is a relative, of a person of a kind mentioned in subparagraph (i); or

(iv) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i) or (iii) is capable of benefiting; or

(v) a body corporate in which a person of a kind mentioned in subparagraph (i) or (iii) has, or 2 or more such persons together have, a controlling interest; or

(d) if the participant is a partner in a participant of the participating market licensee or licensed CS facility and is not a body corporate:

(i) a person who is a partner in the participant; or

(ii) a person who is the spouse, or who is a relative, of a partner (not being a body corporate) in the participant; or

(iii) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i) or (ii) is capable of benefiting; or

(iv) a person who is an officer of a body corporate that is a partner in the participant; or

(v) a body corporate of which a person of a kind mentioned in subparagraph (i), (ii) or (iii) is an officer, or in which such a person has, or 2 or more such persons together have, a controlling interest; or

(vi) a person who is a participant of the licensed CS facility operated by ACH; or

(e) if the participant is a partner in a participant of the participating market licensee or licensed CS facility and is a body corporate:

(i) a person who is an officer of a body corporate that is a partner in the participant; or

(ii) a body corporate that is related to the first-mentioned body corporate; or

(iii) a person who is a partner in the participant; or

(iv) a person who is the spouse, or who is a relative, of a person (other than a body corporate) of a kind mentioned in subparagraph (i) or (iii); or

(v) a trustee of a trust in relation to which a person of a kind mentioned in subparagraph (i), (iii) or (iv) is capable of benefiting; or

(vi) a body corporate in which a person of a kind mentioned in subparagraph (i), (iii) or (iv) has, or 2 or more such persons together have, a controlling interest; or

(vii) a person who is a participant of the licensed CS facility operated by ACH.

7.5.04(1A)    
(Omitted by SR 2004 No 26, Sch 2 [ 20] (effective 11 March 2004).)

7.5.04(2)   [ Relative of a person]  

A reference in subregulation (1) or (1A) to a relative of a person includes a reference to a relative of the spouse (if any) of the person.

7.5.04(3)   [ Officer of a body corporate]  

A reference in subregulation (1) or (1A) to an officer of a body corporate is a reference to:

(a) a director, secretary or executive officer of the body corporate; or

(b) a person who is an officer of the body corporate by virtue of paragraph (b), (c), (d) or (e) of the definition of officer in section 9 of the Act.