Queensland Consolidated Acts

QUEENSLAND BUILDING AND CONSTRUCTION COMMISSION ACT 1991 - SECT 4AA

4AA Who is an influential person for a company

(1) An
"influential person" , for a company, is an individual, other than a director or secretary of the company, who is in a position to control or substantially influence the company’s conduct.

(2) However, an influential person does not include—

(a) a professional, only because the advice given by the professional influences the company’s conduct; or

(b) a regulator, only because the regulator, when exercising a power or performing a function under an Act or other law, influences the company’s business; or

(c) an administrator, controller, provisional liquidator or liquidator within the meaning of the Corporations Act , section 9 .

(3) Without limiting subsection (1) , a person may be an influential person for a company if the person—

(a) is the chief executive officer or general manager of the company, or holds an equivalent position in the company; or

(b) is acting in a position mentioned in paragraph (a) ; or

(c) directly or indirectly owns, holds or controls 50% or more of the shares in the company, or 50% or more of a class of shares in the company; or

(d) gives instructions to an officer of the company and the officer generally acts on those instructions; or

(e) makes, or participates in making, decisions that affect the whole or a substantial part of the company’s business or financial standing; or

(f) engages in conduct or makes representations that would cause someone else to reasonably believe the person controls, or substantially influences, the company’s business.

(4) In this section—

"professional" —

(a) means a person who provides professional advice to more than 1 client; but

(b) does not include a person who provides professional advice to a client in the person’s capacity as an employee of the client.

Example—

a lawyer or accountant, employed in that capacity by a firm of lawyers or accountants, engaged by a company to give the company advice on a particular topic

"regulator" means—

(a) a person employed by a State, a local government or the Commonwealth; or

(b) a person engaged by a State, a local government or the Commonwealth to provide a particular service or carry out a particular activity; or

(c) an agent of a person mentioned in paragraph (b) if, in that capacity, the person provides the service or carries out the activity the person is engaged to provide or carry out.