TASIn ForceAct
Security-sensitive Dangerous Substances Act 2005
15What is a close associate?
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### 15 What is a close associate?
> > (1) For the purposes of [section 13](#GS13@EN) , a person is a close associate of someone (in this section referred to as "the related person") if –
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> > > > (a) the person holds an executive position (however described) in the related person's business; or
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> > > > (b) [*\[Section 15 Subsection (1) amended by No. 2 of 2012, s. 62, Applied:01 Jan 2013\]*](/view/html/inforce/2013-01-01/act-2012-002#GS62@EN) the regulator is satisfied that the person is or will be able to exercise a significant influence in relation to the conduct of the related person's business because the person holds or will hold a financial interest, or is entitled to exercise a relevant power, in the business.
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> > (2) In this section –
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> > > ***business*** includes –
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> > > > > (a) a business not carried on for profit; and
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> > > > > (b) a trade or profession;
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> > > ***executive position***, in a business, means a position (however described) held by a person who is concerned with, or takes part in, the management of the business;
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> > > ***exercise***, a power, includes exercise the power on behalf of someone else;
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> > > ***financial interest***, in a business, means –
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> > > > > (a) a share in the capital of the business; or
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> > > > > (b) an entitlement to receive income derived from the business (however the entitlement arises);
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> > > ***hold***, a position, includes hold the position on behalf of someone else;
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> > > ***power*** means a power exercisable –
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> > > > > (a) by voting or otherwise; or
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> > > > > (b) exercisable alone or with others;
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> > > ***relevant power***, in a business, means a power to –
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> > > > > (a) take part in a directorial, managerial or executive decision for the business; or
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> > > > > (b) elect or appoint a person to an executive office in the business.