87Key terms for Part

87 Key terms for Part (1) In this Part: associate, see subsections (2) and (3).

Unit Title Schemes Act 2009 55 body corporate manager, of a scheme, means a person who: (a) is engaged by the body corporate to provide administrative services for the scheme (whether or not also engaged by the body corporate in other capacities); and (b) is not an employee of the body corporate. caretaking service contractor, of a scheme, means a service contractor of the scheme who is also: (a) a letting agent of the scheme; or (b) an associate of a letting agent of the scheme. interposed person, see subsection (4). letting agent, of a scheme, means a person who: (a) is licensed as a real estate agent, or is a registered agents representative, under the Agents Licensing Act 1979; and (b) is authorised by the body corporate to conduct a business for the leasing of the units. service contractor, of a scheme, means a person who: (a) is engaged by the body corporate for a term of at least 1 year to provide services other than administrative services for the scheme; and (b) is not an employee of the body corporate. (2) A person is an associate of someone if: (a) there is an interposed person between them; or (b) at least 1 of the following relationships exists between them: (i) a marriage or de facto relationship; (ii) members of a family according to traditional or contemporary practice; (iii) a partnership; (iv) an employer-employee relationship; (v) a fiduciary relationship;

Unit Title Schemes Act 2009 56 (vi) a relationship between a corporation and someone who is concerned with, or takes part in, the management of the corporation (whether as a director or not); (vii) a relationship between a corporation and someone who controls, or can substantially influence, the corporation's conduct; (viii) a relationship under which 1 of them is obliged (whether formally or not) to act at the direction of the other. (3) However, a person is not an associate of someone only because 1 of them is a unit owner, and the other is a letting agent, of a (4) An interposed person between 2 persons is someone who has a relationship mentioned in subsection (2)(b) with each of the 2 persons.