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Building Industry Fairness (Security of Payment) Act 2017
sec.10AWho is a related entity
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### sec.10A Who is a related entity
A person is a related entity for another person if—
for individuals—they are members of the same family; or
for an individual and a corporation—the individual or a member of the individual’s family—
is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation; or
has an interest of 50% or more in the corporation; or
for an individual and a trustee of a trust—the individual or a related entity under another provision of this section is a beneficiary of the trust; or
for corporations—they are related bodies corporate; or
for a corporation and a trustee of a trust—the corporation or a related entity under another provision of this section is a beneficiary of the trust; or
for trustees of 2 or more trusts—
a person is a beneficiary of both trusts; or
a person is a beneficiary of 1 trust and a related entity under another provision of this section is a beneficiary of the other trust.
Also, a person is a related entity for another person if the persons acquire interests in a land holding trust and the acquisitions form, evidence, give effect to or arise from what is substantially 1 arrangement.
In this section—
family , for a person, means—
the person’s spouse; or
a parent of the person or the person’s spouse; or
a grandparent of the person or the person’s spouse; or
a brother, sister, aunt, uncle, nephew or niece of the person or the person’s spouse; or
a child of the person or the person’s spouse; or
a grandchild of the person or the person’s spouse; or
the spouse of any person mentioned in paragraphs (b) to (f) .
land holding trust see the Duties Act 2001 , schedule 6 .
related bodies corporate means bodies corporate that are related under the Corporations Act , section 50 .
s 10A ins 2018 No. 17 s 176E
sub 2020 No. 24 s 63
(sec.10A-ssec.1) A person is a related entity for another person if— for individuals—they are members of the same family; or for an individual and a corporation—the individual or a member of the individual’s family— is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation; or has an interest of 50% or more in the corporation; or for an individual and a trustee of a trust—the individual or a related entity under another provision of this section is a beneficiary of the trust; or for corporations—they are related bodies corporate; or for a corporation and a trustee of a trust—the corporation or a related entity under another provision of this section is a beneficiary of the trust; or for trustees of 2 or more trusts— a person is a beneficiary of both trusts; or a person is a beneficiary of 1 trust and a related entity under another provision of this section is a beneficiary of the other trust.
(sec.10A-ssec.2) Also, a person is a related entity for another person if the persons acquire interests in a land holding trust and the acquisitions form, evidence, give effect to or arise from what is substantially 1 arrangement.
(sec.10A-ssec.3) In this section— family , for a person, means— the person’s spouse; or a parent of the person or the person’s spouse; or a grandparent of the person or the person’s spouse; or a brother, sister, aunt, uncle, nephew or niece of the person or the person’s spouse; or a child of the person or the person’s spouse; or a grandchild of the person or the person’s spouse; or the spouse of any person mentioned in paragraphs (b) to (f) . land holding trust see the Duties Act 2001 , schedule 6 . related bodies corporate means bodies corporate that are related under the Corporations Act , section 50 .
- (a) for individuals—they are members of the same family; or
- (b) for an individual and a corporation—the individual or a member of the individual’s family— (i) is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation; or (ii) has an interest of 50% or more in the corporation; or
- (i) is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation; or
- (ii) has an interest of 50% or more in the corporation; or
- (c) for an individual and a trustee of a trust—the individual or a related entity under another provision of this section is a beneficiary of the trust; or
- (d) for corporations—they are related bodies corporate; or
- (e) for a corporation and a trustee of a trust—the corporation or a related entity under another provision of this section is a beneficiary of the trust; or
- (f) for trustees of 2 or more trusts— (i) a person is a beneficiary of both trusts; or (ii) a person is a beneficiary of 1 trust and a related entity under another provision of this section is a beneficiary of the other trust.
- (i) a person is a beneficiary of both trusts; or
- (ii) a person is a beneficiary of 1 trust and a related entity under another provision of this section is a beneficiary of the other trust.
- (i) is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation; or
- (ii) has an interest of 50% or more in the corporation; or
- (i) a person is a beneficiary of both trusts; or
- (ii) a person is a beneficiary of 1 trust and a related entity under another provision of this section is a beneficiary of the other trust.
- (a) the person’s spouse; or
- (b) a parent of the person or the person’s spouse; or
- (c) a grandparent of the person or the person’s spouse; or
- (d) a brother, sister, aunt, uncle, nephew or niece of the person or the person’s spouse; or
- (e) a child of the person or the person’s spouse; or
- (f) a grandchild of the person or the person’s spouse; or
- (g) the spouse of any person mentioned in paragraphs (b) to (f) .