Victorian Current Acts Victorian Current Acts(1) For the purposes of this Part, a person who is of or above the age of 18 years is an associate of an applicant for a poppy cultivation licence or a poppy processing licence or a licence holder if the person—
(a) holds any relevant financial interest, or is entitled to exercise any relevant power (whether in right of the person or on behalf of any other person) in the business of the applicant or the licence holder to which the licence relates, and by virtue of that interest or power, is able to exercise a significant influence over or with respect to the management or operation of the business to which the licence relates; or
(b) holds any relevant position, whether in right of the person or on behalf of any other person in the business of the applicant or the licence holder to which the licence relates; or
(c) is a relative of the applicant or the licence holder.
(2) In subsection (1)—
"relative" means a person who is—
(a) a spouse of the applicant or the licence holder by marriage;
(b) a domestic partner—
(i) in a registered relationship within the meaning of the Relationships Act 2008 with the applicant or the licence holder; or
(ii) of the applicant or the licence holder to whom he or she is not married but with whom the applicant or the licence holder is living as a couple on a genuine domestic basis (irrespective of gender) and in determining whether the persons are domestic partners of each other, all of 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;
(c) a parent;
(d) a step parent;
(e) a sibling or step-sibling;
(f) a child, stepchild or adopted child;
"relevant financial interest" in relation to a business means—
(a) any share in the capital of the business; or
(b) any entitlement to receive any income derived from the business;
relevant position in relation to the business of an applicant for a poppy cultivation licence or a poppy processing licence or a licence holder means—
(a) the position of director, partner, trustee, manager or other executive position or secretary, however that position is designated; and
(b) any other person determined by the Secretary to be associated or connected with the ownership, administration or management of the operations or business of the applicant;
"relevant power" means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others—
(a) to participate in any directorial, managerial or executive decision; or
(b) to elect or appoint any person to any relevant position.
S. 69NB inserted by No. 13/2014 s. 4.