138Meaning of marketing staff

138 Meaning of marketing staff

138 Meaning of marketing staff

(1) A person is marketing staff of—

(a) a service provider, if the person—

(i) is an officer, employee, consultant or independent contractor or agent of the service provider; and

(ii) is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities);

(b) an associate of a service provider, if the person—

(i) is an officer, employee, consultant or independent contractor or agent of the associate; and

(ii) is directly involved in the sale, marketing or advertising of pipeline services (whether or not the person is also involved in other activities).

(2) A person is not marketing staff of a service provider, or an associate of a service provider, if—

(a) the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider) is only to provide technical, administrative, legal and accounting services to that provider or associate; or

(b) the sale, marketing or advertising of pipeline services is only an incidental part of the person’s function or role (as an officer, employee, consultant or independent contractor or agent of a service provider, or an associate of a service provider).

Example—

A person in the position of general manager of marketing of a service provider or an associate of a service provider would be marketing staff whereas a person in the position of chief executive officer, or chief financial officer, of a service provider or an associate of a service provider would not be marketing staff

s 138: Am 2022 No 21, sec 63.