sec.32Associate of building contractor not entitled to assistance under statutory insurance scheme— Act , s 68

### sec.32 Associate of building contractor not entitled to assistance under statutory insurance scheme— Act , s 68 For section 68 (4) of the Act , if a building contractor carries out residential construction work, a person who is an associate of the building contractor is not entitled to assistance under the statutory insurance scheme in relation to the work. In this section— associate , of a building contractor, means— if the building contractor is an individual— the individual’s spouse or child; or a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or a corporation of which the individual is an executive officer; or a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or if the building contractor is a corporation— an executive officer of the corporation; or a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; or a shareholder with a significant shareholding a financier a senior employee an executive officer of another corporation that holds a controlling interest in the corporation the spouse or child of a person mentioned in subparagraph (i) , (ii) or (vii) ; or a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or a related body corporate of the corporation; or the corporation’s nominee. building contractor does not include a subcontractor who carries out building work for a building contractor. related body corporate see the Corporations Act , section 50 . (sec.32-ssec.1) For section 68 (4) of the Act , if a building contractor carries out residential construction work, a person who is an associate of the building contractor is not entitled to assistance under the statutory insurance scheme in relation to the work. (sec.32-ssec.2) In this section— associate , of a building contractor, means— if the building contractor is an individual— the individual’s spouse or child; or a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or a corporation of which the individual is an executive officer; or a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or if the building contractor is a corporation— an executive officer of the corporation; or a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; or a shareholder with a significant shareholding a financier a senior employee an executive officer of another corporation that holds a controlling interest in the corporation the spouse or child of a person mentioned in subparagraph (i) , (ii) or (vii) ; or a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or a related body corporate of the corporation; or the corporation’s nominee. building contractor does not include a subcontractor who carries out building work for a building contractor. related body corporate see the Corporations Act , section 50 . - (a) if the building contractor is an individual— (i) the individual’s spouse or child; or (ii) a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or (iii) a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or (iv) a corporation of which the individual is an executive officer; or (v) a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or - (i) the individual’s spouse or child; or - (ii) a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or - (iii) a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or - (iv) a corporation of which the individual is an executive officer; or - (v) a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or - (b) if the building contractor is a corporation— (i) an executive officer of the corporation; or (ii) a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; or Examples for subparagraph (ii) — • a shareholder with a significant shareholding • a financier • a senior employee • an executive officer of another corporation that holds a controlling interest in the corporation (iii) the spouse or child of a person mentioned in subparagraph (i) , (ii) or (vii) ; or (iv) a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or (v) a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or (vi) a related body corporate of the corporation; or (vii) the corporation’s nominee. - (i) an executive officer of the corporation; or - (ii) a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; or Examples for subparagraph (ii) — • a shareholder with a significant shareholding • a financier • a senior employee • an executive officer of another corporation that holds a controlling interest in the corporation - • a shareholder with a significant shareholding - • a financier - • a senior employee - • an executive officer of another corporation that holds a controlling interest in the corporation - (iii) the spouse or child of a person mentioned in subparagraph (i) , (ii) or (vii) ; or - (iv) a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or - (v) a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or - (vi) a related body corporate of the corporation; or - (vii) the corporation’s nominee. - (i) the individual’s spouse or child; or - (ii) a person who is a trustee of a trust of which the individual is a trustee or beneficiary; or - (iii) a person who is a trustee of a trust of which an associate of the individual is a trustee or beneficiary; or - (iv) a corporation of which the individual is an executive officer; or - (v) a corporation in which the individual or the individual’s spouse or child holds a controlling interest or is able to substantially influence the corporation’s affairs; or - (i) an executive officer of the corporation; or - (ii) a person who holds a controlling interest in the corporation or is able to substantially influence the corporation’s affairs; or Examples for subparagraph (ii) — • a shareholder with a significant shareholding • a financier • a senior employee • an executive officer of another corporation that holds a controlling interest in the corporation - • a shareholder with a significant shareholding - • a financier - • a senior employee - • an executive officer of another corporation that holds a controlling interest in the corporation - (iii) the spouse or child of a person mentioned in subparagraph (i) , (ii) or (vii) ; or - (iv) a person who is a trustee of a trust of which the corporation is a trustee or beneficiary; or - (v) a person who is a trustee of a trust of which an associate of the corporation is a trustee or beneficiary; or - (vi) a related body corporate of the corporation; or - (vii) the corporation’s nominee. - • a shareholder with a significant shareholding - • a financier - • a senior employee - • an executive officer of another corporation that holds a controlling interest in the corporation