CTHRepealedAct
Securities Industry Act 1980
122ABExcluded persons
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##### 122AB Excluded persons
(1) In this Part, excluded person, in relation to a member of a participating exchange, means:
(a) in any case—the member;
(b) if the member is a member organisation of the participating exchange and is not a body corporate:
(i) a person who is the spouse, or who is a relative, of the member;
(ii) a trustee of a trust in relation to which the member or a person of a kind referred to in subparagraph (i) is capable of benefiting; or
(iii) a body corporate of which the member is an officer, or in which the member or a person of a kind referred to in subparagraph (i) has, or the member and such a person, the member and 2 or more such persons, or 2 or more such persons, together have, a controlling interest;
(c) if the member is a member organisation of the participating exchange and is a body corporate:
(i) a person who is an officer of the body corporate;
(ii) a body corporate that is related to the first‑mentioned body corporate;
(iii) a person who is the spouse, or who is a relative, of a person of a kind referred to in subparagraph (i);
(iv) a trustee of a trust in relation to which a person of a kind referred to in subparagraph (i) or (iii) is capable of benefiting; or
(v) a body corporate in which a person of a kind referred to in subparagraph (i) or (iii) has, or 2 or more such persons together have, a controlling interest;
(d) if the member is a partner in a member organisation of the participating exchange and is not a body corporate:
(i) a person who is a partner in the member organisation;
(ii) a person who is the spouse, or who is a relative, of a partner (not being a body corporate) in the member organisation;
(iii) a trustee of a trust in relation to which a person of a kind referred to in subparagraph (i) or (ii) is capable of benefiting;
(iv) a person who is an officer of a body corporate that is a partner in the member organisation; or
(v) a body corporate of which a person of a kind referred to in subparagraph (i), (ii) or (iii) is an officer, or in which such a person has, or 2 or more such persons together have, a controlling interest; or
(e) if the member is a partner in a member organisation of the participating exchange and is a body corporate:
(i) a person who is an officer of a body corporate that is a partner in the member organisation;
(ii) a body corporate that is related to the first‑mentioned body corporate;
(iii) a person who is a partner in the member organisation;
(iv) a person who is the spouse, or who is a relative, of a person (other than a body corporate) of a kind referred to in subparagraph (i) or (iii);
(v) a trustee of a trust in relation to which a person of a kind referred to in subparagraph (i), (iii) or (iv) is capable of benefiting; or
(vi) a body corporate in which a person of a kind referred to in subparagraph (i), (iii) or (iv) has, or 2 or more such persons together have, a controlling interest.
(2) A reference in subsection (1) to a relative of a person includes a reference to a relative of the spouse (if any) of the person.
(3) A reference in subsection (1) to an officer of a body corporate is a reference to:
(a) a director, secretary or executive officer of the body corporate; or
(b) a person who is an officer of the body corporate by virtue of paragraph (b), (c), (d) or (e) of the definition of officer in subsection 4(1).