Queensland Consolidated Acts

DUTIES ACT 2001 - SECT 61

61 Who is a related person

(1) A person is a
"related person" of another person if—

(a) for individuals—they are members of the same family; or

(b) for an individual and a corporation—the person or a member of the person’s family is a majority shareholder, director or secretary of the corporation or a related body corporate of the corporation, or has an interest of 50% or more in it; or

(c) for an individual and a trustee—the person or a related person under another provision of this section is a beneficiary of the trust; or

(d) for corporations—they are related bodies corporate; or

(e) for a corporation and a trustee—the corporation or a related person under another provision of this section is a beneficiary of the trust; or

(f) for trustees—

(i) there is a person who is a beneficiary of both trusts; or

(ii) a person is beneficiary of 1 trust and a related person under another provision of this section is a beneficiary of the other trust.

(2) Also, a person is a
"related person" of another person if the persons acquire trust interests in a land holding trust and the acquisitions form, evidence, give effect to or arise from what is substantially 1 arrangement.

(3) However, a person is not a
"related person" of another person under subsection (1) , other than subsection (1) (d) , if the commissioner is satisfied the trust interests of the persons in a land holding trust—

(a) were acquired, and will be used, independently; and

(b) were not acquired, and will not be used, for a common purpose.