Victorian Current Acts

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CONVEYANCERS ACT 2006 - SECT 6

Associate of a licensee

    (1)     In this Act, associate of a licensee means—

        (a)     a partner of the licensee; or

        (b)     an employee or agent of the licensee; or

        (c)     a company, or a member of a company, partnership, syndicate or joint venture, in which the licensee or a person referred to in paragraph (a), (b) or (d) has a beneficial interest; or

        (d)     a person who bears a prescribed relationship to the licensee or to a person referred to in paragraphs (a) to (c); or

        (e)     a company that (if a person referred to in paragraphs (b) to (d) is a company) is a subsidiary of the person within the meaning of the Corporations Act; or

        (f)     a person declared by the regulations to be an associate of the licensee or belonging to a class of persons so declared.

    (2)     For the purposes of subsection (1)(d), a person bears a prescribed relationship to a licensee or other person if the relationship is that of—

        (a)     a spouse of the licensee or other person; or

        (b)     a domestic partner of the licensee or other person; or

        (c)     a child, grandchild, sibling, parent or grandparent, whether derived through paragraph (a) or (b) or otherwise; or

        (d)     a kind prescribed by the regulations for the purposes of this section.

S. 6(3) substituted by No. 12/2008 s. 73(1)(Sch. 1 item 9.1).

    (3)     In subsection (2)(b), "domestic partner "of a person means—

        (a)     a person who is in a registered relationship with the person; or

        (b)     a person to whom the person is not married but with whom the person is living as a couple on a genuine domestic basis (irrespective of gender).

S. 6(4) inserted by No. 12/2008 s. 73(1)(Sch. 1 item 9.2).

    (4)     For the purposes of the definition of domestic partner in subsection (3)—

        (a)     "registered relationship" has the same meaning as in the Relationships Act 2008 ; and

        (b)     in determining whether persons who are not in a registered relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.



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