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Gambling Regulations 2015
23Prescribed connection
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23 Prescribed connection
For the purposes of paragraphs (a), (b) and (e) of the definition of ***prescribed connection*** in section 1.3(1) of the Act, the prescribed interests (legal or equitable) in or in relation to an entitlement holder, the prescribed rights or powers in relation to an entitlement holder, and the prescribed relationships between a person employed or engaged by an entitlement holder and another person are the following—
(a) a relevant financial interest held by an entitlement holder in the gambling business of another entitlement holder that enables or would enable the entitlement holder to exercise a significant influence over or with respect to the management or operation of the gambling business of that other entitlement holder;
(b) a relevant power that may be exercised by an entitlement holder (whether in right of the entitlement holder or on behalf of any other entitlement holder) in the gambling business of another entitlement holder that would allow the entitlement holder to exercise a significant influence over or with respect to the management or operation of the gambling businesses of that other entitlement holder;
(c) a relevant financial interest held by a person in the gambling businesses of two or more entitlement holders that would allow the person to exercise a significant influence over or with respect to the management or operation of the gambling businesses of those entitlement holders;
(d) a relevant power that may be exercised by a person (whether in right of the person or on behalf of any other person) in the gambling businesses of two or more entitlement holders that would allow the person to exercise a significant influence over or with respect to the management or operation of the gambling businesses of those entitlement holders;
(e) where two or more entitlement holders are private companies—
(i) the position of executive officer held by a person in two or more entitlement holders; or
(ii) the relationship of family member between a person who holds the position of executive officer in two or more entitlement holders and another person; or
(iii) a majority shareholding held by a person in two or more entitlement holders; or
(iv) a majority interest held by a person in two or more entitlement holders; or
(v) shareholdings held by two or more persons in two or more entitlement holders, the sum of which amounts to the majority interest in each entitlement holder;
(f) an interest held by an entitlement holder in another entitlement holder that would make the entitlement holders related bodies corporate;
(g) an interest held by any other person that would make two or more entitlement holders related bodies corporate;
(h) a beneficial interest held by an executive officer under two or more trusts in respect of which two or more entitlement holders are the trustees;
(i) a beneficial interest held by a family member of an executive officer under two or more trusts in respect of which two or more entitlement holders are the trustees;
(j) where an entitlement holder is a trustee of a trust—
(i) a beneficial interest held under that trust by an entitlement holder that is a private company; or
(ii) a beneficial interest held under that trust by a person who is the majority shareholder of another entitlement holder that is a private company; or
(iii) a beneficial interest held under that trust by a person who is an executive officer of another entitlement holder that is a private company;
(k) where an entitlement holder is a corporation that has issued share capital—
(i) a direct interest held by another entitlement holder in that share capital the value of which exceeds 10%; or
(ii) an interest in that entitlement holder held by a person who holds an interest, has a power or has a relationship referred to in paragraphs (a) to (j) in relation to another entitlement holder who holds a direct interest in that share capital the value of which exceeds 10%; or
(iii) an indirect interest held by another entitlement holder in the entitlement holder the value of which exceeds 10%; or
(iv) an interest in that entitlement holder held by a person who holds an interest, has a power or has a relationship referred to in paragraphs (a) to (j) in relation to another entitlement holder who holds an indirect interest in the entitlement holder the value of which exceeds 10%; or
(v) an aggregate interest held by another entitlement holder in the entitlement holder the value of which exceeds 10%; or
(vi) an interest in that entitlement holder held by a person who holds an interest, has a power or has a relationship referred to in paragraphs (a) to (j) in relation to another entitlement holder who holds an aggregate interest in the entitlement holder the value of which exceeds 10%;
(l) where an entitlement holder is a trustee of a trust under which trust capital has been issued—
(i) a direct interest held by another entitlement holder in that trust the value of which exceeds 10%; or
(ii) an interest in that entitlement holder held by a person who holds an interest, has a power or has a relationship referred to in paragraphs (a) to (j) in relation to another entitlement holder who holds a direct interest in that trust the value of which exceeds 10%; or
(iii) an indirect interest held by another entitlement holder in the entitlement holder the value of which exceeds 10%; or
(iv) an interest in that entitlement holder held by a person who holds an interest, has a power or has a relationship referred to in paragraphs (a) to (j) in relation to another entitlement holder who holds an indirect interest in the entitlement holder the value of which exceeds 10%; or
(v) an aggregate interest held by another entitlement holder in the entitlement holder the value of which exceeds 10%; or
(vi) an interest in that entitlement holder held by a person who holds an interest, has a power or has a relationship referred to in paragraphs (a) to (j) in relation to another entitlement holder who holds an aggregate interest in the entitlement holder the value of which exceeds 10%.
This regulation applies to determining a prescribed connection for the purposes of section 3.2A.7(2)(b) of the Act.