QLDIn ForceAct
Duties Act 2001
sec.164Who is a related person
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### sec.164 Who is a related person
A person is a related person of another person if—
for individuals—they are members of the same family; or
for an individual and a corporation—the person or a member of the person’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 it; or
for an individual and a trustee—the person or a related person 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—the corporation or a related person under another provision of this section is a beneficiary of the trust; or
for trustees—
there is a person who is a beneficiary of both trusts; or
a person is beneficiary of 1 trust and a related person under another provision of this section is a beneficiary of the other trust.
Also, a person is a related person of another person if the persons acquire interests in a landholder and the acquisitions form, evidence, give effect to or arise from what is substantially 1 arrangement.
However, a person is not a related person of another person under subsection (1) , other than subsection (1) (d) , if the commissioner is satisfied the interests of the persons—
were acquired, and will be used, independently; and
were not acquired, and will not be used, for a common purpose.
s 164 amd 2002 No. 65 s 22 ; 2011 No. 20 s 75
(sec.164-ssec.1) A person is a related person of another person if— for individuals—they are members of the same family; or for an individual and a corporation—the person or a member of the person’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 it; or for an individual and a trustee—the person or a related person 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—the corporation or a related person under another provision of this section is a beneficiary of the trust; or for trustees— there is a person who is a beneficiary of both trusts; or a person is beneficiary of 1 trust and a related person under another provision of this section is a beneficiary of the other trust.
(sec.164-ssec.2) Also, a person is a related person of another person if the persons acquire interests in a landholder and the acquisitions form, evidence, give effect to or arise from what is substantially 1 arrangement.
(sec.164-ssec.3) However, a person is not a related person of another person under subsection (1) , other than subsection (1) (d) , if the commissioner is satisfied the interests of the persons— were acquired, and will be used, independently; and were not acquired, and will not be used, for a common purpose.
- (a) for individuals—they are members of the same family; or
- (b) for an individual and a corporation—the person or a member of the person’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 it; or
- (c) for an individual and a trustee—the person or a related person 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—the corporation or a related person under another provision of this section is a beneficiary of the trust; or
- (f) for trustees— (i) there is a person who is a beneficiary of both trusts; or (ii) a person is beneficiary of 1 trust and a related person under another provision of this section is a beneficiary of the other trust.
- (i) there is a person who is a beneficiary of both trusts; or
- (ii) a person is beneficiary of 1 trust and a related person under another provision of this section is a beneficiary of the other trust.
- (i) there is a person who is a beneficiary of both trusts; or
- (ii) a person is beneficiary of 1 trust and a related person under another provision of this section is a beneficiary of the other trust.
- (a) were acquired, and will be used, independently; and
- (b) were not acquired, and will not be used, for a common purpose.