Northern Territory Consolidated Acts Northern Territory Consolidated Acts(1) In this Part:
"associate", see subsections (2) and (3).
"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;
(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 scheme.
(4) An interposed person between 2 persons is someone who has a relationship mentioned in subsection (2)(b) with each of the 2 persons.