Tourism Services Act 2003
sec.8Meaning of associated person and effective control
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sec.8 Meaning of associated person and effective control
An associated person of an applicant for registration or renewal of registration is a person who is not the applicant but nevertheless is, or would be if the registration were granted or renewed, in effective control of the applicant’s business. An associated person of a registrant is a person who is not the registrant but nevertheless is in effective control of the registrant’s business. A person who is in effective control of a business includes a person who— is regularly or usually in charge of the business; or regularly directs staff of the business in their duties; or is in a position to control or substantially influence the business. If an applicant for registration or renewal of registration, or a registrant, is a corporation, each executive officer of the corporation is taken to be an associated person of the applicant or registrant. (sec.8-ssec.1) An associated person of an applicant for registration or renewal of registration is a person who is not the applicant but nevertheless is, or would be if the registration were granted or renewed, in effective control of the applicant’s business. (sec.8-ssec.2) An associated person of a registrant is a person who is not the registrant but nevertheless is in effective control of the registrant’s business. (sec.8-ssec.3) A person who is in effective control of a business includes a person who— is regularly or usually in charge of the business; or regularly directs staff of the business in their duties; or is in a position to control or substantially influence the business. (sec.8-ssec.4) If an applicant for registration or renewal of registration, or a registrant, is a corporation, each executive officer of the corporation is taken to be an associated person of the applicant or registrant.
- (a) is regularly or usually in charge of the business; or
- (b) regularly directs staff of the business in their duties; or
- (c) is in a position to control or substantially influence the business.