Commonwealth Numbered Acts

CORPORATIONS ACT 1989 No. 109 of 1989 - SECT 16

16. (1) A person is not an associate of another person by virtue of section 
12 or subsection 15 (1), or by virtue of subsection 15 (2) as it applies in
relation to section 12 or subsection 15 (1), merely because of one or more of
the following:

   (a)  one gives advice to the other, or acts on the other's behalf, in the
        proper performance of the functions attaching to a professional
        capacity or a business relationship;

   (b)  one, a client, gives specific instructions to the other, whose
        ordinary business includes dealing in securities, to acquire shares on
        the client's behalf in the ordinary course of that business;

   (c)  one has sent, or proposes to send, to the other a takeover offer, or
        has made, or proposes to make, offers under a takeover announcement,
        within the meaning of Chapter 6, in relation to shares held by the
        other;

   (d)  one has appointed the other, otherwise than for valuable consideration
        given by the other or by an associate of the other, to vote as a proxy
        or representative at a meeting of members, or of a class of members,
        of a body corporate.

(2) For the purposes of proceedings under this Act in which it is alleged that
a person was an associate of another person by virtue of paragraph 13 (b) or
(e) or 14 (b) or (e), the first-mentioned person shall not be taken to have
been an associate of the other person in relation to a matter by virtue of
that paragraph unless it is proved that the first-mentioned person knew, or
ought to have known, at that time, the material particulars of that matter.