sec.104DAssociates

### sec.104D Associates For this Act, a person is associated with someone else if— a relationship of a type to which this section applies exists between them; or a series of relationships of a type to which this section applies can be traced between them through another person or other persons. This section applies to relationships of the following types— marriage, de facto relationship or civil partnership; the relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common; business partnership; the relationship of employer and employee; a fiduciary relationship; the relationship of persons, 1 of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other; the relationship of a corporation and executive officer of the corporation; the relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct. Despite subsection (2) (e) and (f) , the owner of a secondary lot or lot on a group titles plan or building units plan and a letting agent for the resort or part of the resort are not associated merely because of their relationship as owner and letting agent. In this section— executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. s 104D ins 2009 No. 26 s 107 amd 2011 No. 46 s 78 ; 2012 No. 12 s 59 sch pt 2 ; 2015 No. 33 s 52 (2) sch pt 2 (sec.104D-ssec.1) For this Act, a person is associated with someone else if— a relationship of a type to which this section applies exists between them; or a series of relationships of a type to which this section applies can be traced between them through another person or other persons. (sec.104D-ssec.2) This section applies to relationships of the following types— marriage, de facto relationship or civil partnership; the relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common; business partnership; the relationship of employer and employee; a fiduciary relationship; the relationship of persons, 1 of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other; the relationship of a corporation and executive officer of the corporation; the relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct. (sec.104D-ssec.3) Despite subsection (2) (e) and (f) , the owner of a secondary lot or lot on a group titles plan or building units plan and a letting agent for the resort or part of the resort are not associated merely because of their relationship as owner and letting agent. (sec.104D-ssec.4) In this section— executive officer , of a corporation, means a person who is concerned with, or takes part in, the corporation’s management, whether or not the person is a director or the person’s position is given the name of executive officer. - (a) a relationship of a type to which this section applies exists between them; or - (b) a series of relationships of a type to which this section applies can be traced between them through another person or other persons. - (a) marriage, de facto relationship or civil partnership; - (b) the relationship of ascendant and descendant (including the relationship of parent and child) or the relationship of persons who have a parent or grandparent in common; - (c) business partnership; - (d) the relationship of employer and employee; - (e) a fiduciary relationship; - (f) the relationship of persons, 1 of whom is accustomed, or under an obligation (whether formal or informal), to act in accordance with the directions, instructions or wishes of the other; - (g) the relationship of a corporation and executive officer of the corporation; - (h) the relationship of a corporation and a person who is in a position to control or substantially influence the corporation’s conduct.