South Australian Numbered Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SECOND-HAND VEHICLE DEALERS (COOLING-OFF RIGHTS) AMENDMENT ACT 2009 (NO 62 OF 2009) - SECT 5

5—Insertion of section 3A

After section 3 insert:

3A—Close associates

        (1)         2 persons are "close associates" if—

            (a)         1 is a spouse, domestic partner, parent, brother, sister or child of the other; or

            (b)         they are members of the same household; or

            (c)         they are in partnership; or

            (d)         they are joint venturers; or

            (e)         they are related bodies corporate; or

            (f)         1 is a body corporate and the other is a director, manager, secretary or public officer of the body corporate; or

            (g)         1 is a body corporate (other than a public company whose shares are quoted on a prescribed financial market) and the other is a shareholder in the body corporate; or

            (h)         1 is a body corporate whose shares are quoted on a prescribed financial market and the other is a substantial shareholder (within the meaning of the Corporations Act 2001 of the Commonwealth) in the body corporate; or

                  (i)         1 has a right to participate (otherwise than as a shareholder in a body corporate) in income or profits derived from a business conducted by the other; or

            (j)         1 is in a position to exercise control or significant influence over the conduct of the other.

        (2)         For the purposes of subsection (1)—

"domestic partner" means a person who is a domestic partner within the meaning of the Family Relationships Act 1975 , whether declared as such under that Act or not;

"prescribed financial market" means a prescribed financial market within the meaning of section 9 of the Corporations Act 2001 of the Commonwealth;

"spouse"—a person is the spouse of another if they are legally married.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback