Corporations Act 2001
View history note
Hide history noteFor the purposes of this Division, a person is taken to be an officer of a company if: (a) the person is an officer of:
(i) a related body corporate; or
(b) the person has, at any time within the immediately preceding period of 12 months, been an officer or promoter of:
(ii) an entity that the company controls; or
(i) the company; or
(ii) a related body corporate; or
(iii) an entity that the company controlled at that time.
Note: This section applies in relation to retail CCIVs in a modified form: see section 1232Q .
324CL(2)
Paragraph (b) does not apply if ASIC directs that it does not apply in relation to the person in relation to the company. ASIC may give the direction only if ASIC thinks that it is appropriate to do so in the circumstances of the case.
324CL(3)
For the purposes of this Division, a person is not taken to be an officer of a company by reason only of being, or having been, the liquidator of: (a) the company; or (b) a related body corporate; or (c) an entity that the company controls or has controlled.
324CL(4)
For the purposes of this Division, a person is not taken to be an officer of a company merely because of one or more of the following: (a) having been appointed as auditor of:
(i) the company; or
(ii) a related body corporate; or
(b) having been appointed, for any purpose relating to taxation, as public officer of:
(iii) an entity that the company controls or has controlled;
(i) a body corporate; or
(ii) an unincorporated body; or
(c) being or having been authorised to accept service of process or notices on behalf of:
(iii) a trust estate;
(i) the company; or
(ii) a related body corporate; or
(iii) an entity that the company controls or has controlled.
Disclaimer and notice of copyright applicable to materials provided by CCH Australia Limited
CCH Australia Limited ("CCH") believes that all information which it has provided in this site is accurate and reliable, but gives no warranty of accuracy or reliability of such information to the reader or any third party. The information provided by CCH is not legal or professional advice. To the extent permitted by law, no responsibility for damages or loss arising in any way out of or in connection with or incidental to any errors or omissions in any information provided is accepted by CCH or by persons involved in the preparation and provision of the information, whether arising from negligence or otherwise, from the use of or results obtained from information supplied by CCH.
The information provided by CCH includes history notes and other value-added features which are subject to CCH copyright. No CCH material may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy for your personal use only, provided you keep intact all copyright and other proprietary notices. In particular, the reproduction of any part of the information for sale or incorporation in any product intended for sale is prohibited without CCH's prior consent.
