South Australian Numbered Acts South Australian Numbered Acts4—Amendment of section 4—Interpretation
(1)
Section 4(1)—before the definition of "cadastral survey insert:
"beneficiary" includes an object of a discretionary trust;
(2) Section 4(1),
definition of "company"—delete the definition
(3) Section 4(1),
definition of "director"—delete the definition and substitute:
"director" of a body corporate means a member of the board or committee of
management of the body corporate, whether validly appointed or not;
(4) Section 4(1),
definitions of "prescribed relative" and
"putative spouse"—delete the definitions and substitute:
"provide" , in relation to surveying services, means provide surveying
services personally or through the instrumentality of another, and includes
offer to provide;
(5) Section 4(1),
definition of "share"—delete the definition
(6)
Section 4(1)—after the definition of "Survey Advisory Committee insert:
"surveying services provider" means a person (not being a surveyor) who
provides surveying services through the instrumentality of a surveyor;
(7)
Section 4(1)—after the definition of
"Surveyor-General" insert:
"trust" —a trust is considered for the purposes of this Act as a single
entity consisting of the trustees and the beneficiaries;
"trust or corporate entity" means a trust or a body corporate;
(8)
Section 4—after subsection (4) insert:
(5) Without limiting
the generality of the expression, a person who is not a surveyor will, unless
exempted by the regulations, be taken to "provide surveying services through
the instrumentality of a surveyor if the person , in the course of carrying on
a business, provides services to the surveyor for which the person is entitled
to receive a share in the profits or income of the surveyor's practice.
(6) For the purposes
of this Act, a person "occupies a position of authority in a trust or
corporate entity if the person—
(a) in
the case of a body corporate—
(i)
is a director of the body corporate; or
(ii)
exercises, or is in a position to exercise, control or
substantial influence over the body corporate in the conduct of its affairs;
or
(iii)
manages, or is to manage, the business of the body
corporate that consists of the provision of surveying services; or
(iv)
where the body corporate is a proprietary
company—is a shareholder in the body corporate; or
(b) in
the case of a trust—is a trustee or beneficiary of the trust.
(7) However—
(a) a
minor who is a shareholder in a proprietary company, or a beneficiary under a
trust, is not, for that reason, to be regarded as a person occupying a
position of authority; and
(b) a
charitable organisation that is a beneficiary of a trust is not, for that
reason, to be regarded as occupying a position of authority in the trust.
(8) For the purposes
of this Act, a person who holds more than 10 per cent of the issued share
capital of a public company will be regarded as a person
"occupying a position of authority" in that company.