Commonwealth Numbered Acts

PETROLEUM RETAIL MARKETING SITES ACT 1980 No. 140, 1980 - SECT 5

5. (1) For the purposes of this Act, the following persons are associates of a
person-

   (a)  where the person is a body corporate-a related body corporate;

   (b)  a body corporate whose directors are accustomed or under an
        obligation, whether formal or informal, to act in accordance with the
        directions, instructions or wishes of the person or, where the person
        is a body corporate, of the directors of the person;

   (c)  a body corporate in accordance with the directions, instructions or
        wishes of which, or of the directors of which, the person is
        accustomed or under an obligation, whether formal or informal, to act;

   (d)  a body corporate in which the person holds a substantial interest.

(2) For the purposes of this section, a person shall be taken to hold a
substantial interest in a body corporate if the person, alone or together with
any associates of the person, is in a position to control not less than 15% of
the voting power in the body corporate or holds interests in not less than 15%
of the issued shares in the body corporate.

(3) Where-

   (a)  a person holds a substantial interest in a body corporate (including a
        substantial interest held by that person by another application or
        other applications of this sub-section); and

   (b)  that body corporate is in a position to control all or any of the
        voting power in another body corporate or holds interests in all or
        any of the issued shares in another body corporate, that person shall
        be taken to be in a position to control so much of the voting power in
        the other body corporate as the first-mentioned body corporate is in a
        position to control or to hold the interests in the issued shares in
        the other body corporate that the first-mentioned body corporate
        holds, as the case may be.

(4) A reference in this section to control of the voting power in a body
corporate shall be read as a reference to control that is direct or indirect,
including control that is exercisable as a result of, by means of, in breach
of, or by revocation of, trusts, agreements or practices, whether or not
having legal or equitable rights.
(5) In this section, "director", in relation to a body corporate, includes-

   (a)  any person in accordance with whose directions, instructions or wishes
        the directors of the body corporate are accustomed to act; or

   (b)  any other person, by whatever name called, who is concerned, or takes
        part, in the management of the body corporate.